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Probate Code Inheritance Asset Management

Downey Brand LLP

Who Gets the Tahoe House and Other California Real Estate Inheritance Disputes

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Many California trust and estate disputes involve the allocation of real estate amongst several beneficiaries. Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet...more

Lewitt Hackman

When There is Only a Will There’s No Way You’re Avoiding Probate

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A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more

Downey Brand LLP

Mind Your Notice in California – Even Remote Contingent Beneficiaries May Need to Be Served

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It’s unremarkable that California courts require that notice be given to affected beneficiaries in trust and probate proceedings. After all, the Fourteenth Amendment guarantees that no person will be deprived of life,...more

Downey Brand LLP

Put It on My Tab – When Is a Lifetime Gift in California an Advancement Against Inheritance?

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A primary purpose of estate planning is to determine what a child will inherit (if anything) upon a parent’s death. But what about a gift given during the parent’s life? Is it an advance on the child’s inheritance, like...more

Cranfill Sumner LLP

Understanding Trusts: Do you need one? What are the? How do they work?

Cranfill Sumner LLP on

One of the most common questions clients ask is whether they need a trust. While they are usually seeking a “yes” or “no” answer, as with most legal questions, the correct answer usually is, “It depends.” The answer depends...more

Downey Brand LLP

California Probate Administration Is No Time for Napping

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In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more

Downey Brand LLP

Probate Code Provides Ground Rules for Who Gets What from Wills and Trusts

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Many California will and trust disputes arise from ambiguity in the document with respect to who is entitled to an asset. Maybe the document was hazy from the start or perhaps circumstances have changed such that the rightful...more

Downey Brand LLP

Purple Rain Shower in California — Prince’s Estate Chases Northern California Law Firm

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When musician Prince Rogers Nelson died at the age of 57 on April 21, 2016, he had no estate plan in place, not even a will. We blogged that “You Don’t Have to Be Rich to Need an Estate Plan.” As the third anniversary of...more

Downey Brand LLP

Stepmother vs. Stepchild, Now Playing in a California Probate Court Near You

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Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies. With about half of all marriages ending in divorce, there are many stepmother/stepchild...more

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