News & Analysis as of

Will Contest Probate Code

Patton Sullivan Brodehl LLP

Strict Notice Is A Must To Trigger Deadlines For Will Contests

It is a standard requirement in Probate Court disputes that the parties strictly adhere to the rules regarding notice of relief sought to all potential heirs and beneficiaries. The recent decision of Bailey v. Bailey...more

Downey Brand LLP

Aretha Franklin Makes Us “Think” About Handwritten Wills

Downey Brand LLP on

Earlier this month, a Michigan jury considered whether handwriting in a spiral notebook found under a couch cushion at singer Aretha Franklin’s home constituted her valid last will. Franklin had written and signed the...more

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

When Do California Trust and Estate Cases Have Preference in Trial Setting or Appeal?

Downey Brand LLP on

Getting a civil or probate case to trial in California can take a long time. The pandemic has backed up many courts given that criminal and civil trials starting in March 2020 were postponed. While most California trust and...more

Downey Brand LLP

I’m Still Standing – California Supreme Court Allows Trust Amendment Contests in Probate Court

Downey Brand LLP on

Last week the California Supreme Court issued a unanimous opinion in Barefoot v. Jennings (2020) ___ Cal.5th ___, ruling that a trust beneficiary disinherited in an amendment may contest the amendment’s validity in the...more

Downey Brand LLP

Barefoot No More – California Supreme Court to Review Standing of Trust Contestants

Downey Brand LLP on

Can a disinherited person contest a trust amendment under California Probate Code section 17200? No, said the Court of Appeal last August in Barefoot v. Jennings (2018) 27 Cal.App.5th 1. The Barefoot opinion put pending...more

Downey Brand LLP

Why Contingency Fee Representation Is Hard to Obtain in Trust and Will Contests

Downey Brand LLP on

We often receive inquiries about whether we will represent parties in California trust and will contests on a contingency basis. In contingency representation, the lawyer does not collect a fee unless the client obtains a...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