News & Analysis as of

Probate Code Inheritance Probate

Burns & Levinson LLP

Preparing for Court: What You Need to Know About Probate

Burns & Levinson LLP on

Television shows and movies show a Will being read at a funeral, as if the Will is automatically valid and assets can be distributed immediately. Unfortunately, the probate process is more complex and time intensive. This...more

Burns & Levinson LLP

I Want to Contest My Parent’s Will. What Is the Process?

Burns & Levinson LLP on

While still grieving the death of your mother, you receive a Notice from the Probate and Family Court informing you that your good-for-nothing brother has filed a Petition for Probate seeking to be appointed as Personal...more

Downey Brand LLP

Will California SB 315 Improve Revocable Transfer on Death Deeds?

Downey Brand LLP on

The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding probate and the expense of creating a trust. Revocable Transfer on Death Deeds, or RTODDs, have...more

Downey Brand LLP

Daughter Liable for Interfering with Stepmother’s Inheritance

Downey Brand LLP on

Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in Beckwith v. Dahl (2012) 205 Cal.App.4th 1039. Last week, the Court of Appeal issued the first...more

Downey Brand LLP

Showdown at the O.K. Corral – The Battle of the Omitted Heirs

Downey Brand LLP on

Providing for your children is one of the primary purposes of estate planning, but what happens to your carefully crafted trust if you had children you did not know about when you created the trust? Or, what if you have...more

Lewitt Hackman

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

Lewitt Hackman on

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

Downey Brand LLP on

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

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

Downey Brand LLP on

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

Weintraub Tobin

And You Are? Long Lost Relatives Need To Prove Up Their Entitlement To Inherit

Weintraub Tobin on

Under California law, the laws of intestacy control who inherits when a person dies without having prepared a valid will or trust. These rules can be complicated particularly as remote or even unknown blood relatives may have...more

Downey Brand LLP

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

Downey Brand LLP on

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

11 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