News & Analysis as of

Cal Code of Civil Procedure Probate Code

Downey Brand LLP

Legislature Updates California’s Guardian Ad Litem Appointment Statutes

Downey Brand LLP on

California courts may appoint guardians ad litem as helping hands to act for those unable to make their own decisions in litigated cases because they are minors or incapacitated adults...more

Downey Brand LLP

Lights, Cabin, Action! A Showdown Over Jurisdiction and Venue

Downey Brand LLP on

One of the first steps before filing a lawsuit is to decide which court has jurisdiction over it and where it is properly venued. It’s a significant choice – not only for strategic reasons, but also because a poor selection...more

Downey Brand LLP

Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

Downey Brand LLP on

Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at...more

Downey Brand LLP

How Does Amended California Emergency Rule 9 Affect Probate Proceedings?

Downey Brand LLP on

California causes of action are subject to various statutes of limitation. Unless a plaintiff or petitioner files a complaint or other document asserting a cause of action within the applicable limitations period, the filing...more

Holland & Knight LLP

New California Legislation for Trust and Estate Attorneys to Watch in 2020

Holland & Knight LLP on

California Gov. Gavin Newsom recently signed into law a number of bills that will affect Trust and Estate attorneys, and which are effective as of Jan. 1, 2020. In addition, three new laws make changes to civil discovery...more

Downey Brand LLP

Beware of Dormant Creditor Claims in California Probate Cases

Downey Brand LLP on

California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more

Downey Brand LLP

California Plaintiff Who Sues Decedent’s Insurer Can Recover Costs on Top of Policy Limits

Downey Brand LLP on

It’s generally not easy to sue a deceased person’s estate in California. In most cases, claimants must file a creditor’s claim before proceeding with a lawsuit in the Superior Court, which may first require bringing a...more

Downey Brand LLP

Trustees Must Terminate California Trust if Terms Compel Distribution

Downey Brand LLP on

Are six sibling co-trustees too many cooks in the kitchen? Many California trust disputes arise from disagreements among sibling co-trustees over how to administer Mom and Dad’s trust after the parents have passed. They all...more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide