When a loved one passes away, the distribution of their estate is often handled through probate or trust administration. Heirs and beneficiaries expect a fair and transparent process, but sometimes defective accounting can put an inheritance at risk. Whether due to...
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Probate Litigation
What is undue influence?
A person who makes an estate plan should be of sound mind and body. The contents of their estate plan should be strictly based on their own wishes and what’s legal. It’s against the law for anyone with authority or power over an individual to try to influence the...
Who has standing to challenge a will?
Not just anyone can challenge a will. They must have proper legal standing and a vested interest in the estate plan. In other words, they need to be affected in some way to have the legal grounds to challenge the details of the plan. Generally, these individuals fall...
Can you contest a power of attorney for agent misuse?
Does something seem suspicious about the use of a power of attorney (POA) that is supposed to protect a loved one? Unfortunately, misusing the authority these documents grant happens more than you might imagine. If you are concerned that power of attorney abuse or...
Recognizing and acting on testamentary capacity concerns
When a loved one passes away, the emotional toll can be overwhelming. Amidst the grief, families often face the daunting task of managing the deceased’s estate. Sometimes, concerns arise about whether the decedent had the mental capacity to make sound decisions...
What does undue influence look like?
Undue influence can be a problem when it comes to estate administration. The estate executor may read the will and feel like it heavily favors one individual. Maybe there have been last-minute changes that allot a significant portion of the estate to that person. The...
What is a defective accounting probate claim?
A defective accounting probate claim can arise when there are discrepancies, errors or omissions in the financial records provided by an executor or administrator of an estate during the probate process. This particular kind of legal action acknowledges that accurate...
What does it take to successfully contest a will?
In the wake of a loss, you might be considering contesting a loved one’s will. But before embarking on this path, it’s crucial to understand the legal process, potential grounds for contest and the significant implications involved. To contest a will, you must have...
When an executor should obtain a bond in California
Handling someone else's large estate in California is not an easy job. Sometimes, the executor may see it fit to obtain a surety bond, or the probate court might order it based on the individual circumstances. Here's how that works. Understanding surety bonds A surety...
What does a probate judge do to administer an estate?
In California, the role of a probate judge is crucial in ensuring a smooth transfer of assets to a decedent's heirs. Probate judges ensure the settlement of the estate's debts and asset distribution according to the deceased's wishes. These judges also handle estates...