No contest clauses are an ever-evolving area of the probate law in California. The Court of Appeal further refined the rules governing no contest clauses in a decision issued last week, Aviles v. Swearingen (2017) ___...more
Although much wealth passes today through trusts and beneficiary designations, we occasionally handle California probate disputes that turn on the validity of wills, sometimes involving high value estates....more
One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more
8/22/2017
/ Beneficiaries ,
Creditors ,
Disinherit ,
Duress ,
Estate Planning ,
Fraud ,
Irrevocable Trusts ,
Legal History ,
No Contest Clause ,
Probable Cause ,
Probate Code ,
Property Ownership ,
Safe Harbors ,
Testamentary Capacity ,
Undue Influence Claims ,
Wills
While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder. This is especially true if the elder does not want to bring suit in the first place. On April 19, 2017, the...more