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Probate Code Wills Inheritance

Burns & Levinson LLP

Preparing for Court: What You Need to Know About Probate

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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?

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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

“Mental Health Disorder” Must Be Proven Along with Delusion

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When are delusions enough to invalidate an estate plan? The California Court of Appeal addressed that issue earlier this month in Eyford v. Nord (2021) ___ Cal.App.5th ___. The case involves a 90-year-old woman who favored...more

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

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?

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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

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

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No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate...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

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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

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