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It Must Have Felt So Good!
The Common Situation: The dysfunctional beneficiary that causes no end of problems. The opposing counsel that engages in delay tactics to churn the file to line his own pockets. The greedy second wife...
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Litigating on the Civil Side, Instead of in Probate, Could Result in Waiving...
The Common Situation: Litigants always hope to recover their attorney’s fees. Where the client is a trustee or personal representative, attorney’s fees are reimbursable from the trust or estate so...
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Slaves to Our Children: Passing the Family Business to Children Can Deprive...
The Common Situation: Your client and his spouse co-founded a business that they grew together, over their lifetimes. Their estate plan provides that when husband dies, wife will continue to run the...
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Only Those Whose Interest in an Estate is Affected Have Standing to Bring a...
Until 2004, the only person that had standing to bring a claim of elder abuse on behalf of a decedent, was the personal representative. That section provided that “upon petition, after the death of an...
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Wills Without Witnesses Can Now be Upheld as Valid and an Act of Nature is...
It is fairly common knowledge that a non-holographic will, without witnesses, is invalid. A non-holographic will must be executed by two witnesses. Cal. Prob. Code §6110(c)(1). That section requires...
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Beneficiaries Cannot Be Bound by an Arbitration Provision in a Trust
For generations, estate planners and their clients have tried to incorporate mechanisms in estate plans to prevent litigation. Inserting a “No Contest” clause into a testamentary instrument is...
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Accord and Satisfaction is Not Available to Trustees, Since They Cannot Seek...
It is not uncommon for fiduciaries to seek an acknowledgment of final distribution and a release associated therewith. Obtaining such a release is permitted under Probate code section 16004.5 so long...
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Temporary Conservators May Recover Attorney’s Fees and Costs Even Where No...
The Problem: Litigation is costly and often a deterrent to family members needing to seek court intervention to conserve an elderly parent. Although Probate Code section 2641 allows a conservator to...
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Proving a Negative: Redacting Confidential Financial Information in Elder...
Practice Tip: Your client has been accused of financial elder abuse, and vehemently denies that he or she has taken or secreted any of the elder’s money. You wish to share your client’s personal bank...
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