CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Probate

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Broken Promises: Are Oral Promises to Make a California Trust or Will Enforceable?

Posted in Beneficiary, Litigation, Probate, Probate Court Litigation, Trust Creation, Trustees & Beneficiaries, Will Creation, Wills
Is an oral promise to make a will or trust enforceable under California law? Contrary to what many believe, California law provides for the enforcement of oral promises to make a will or trust. How does the promise to make a will or trust arise? Generally, a parent orally promises a child, a friend, or… Continue Reading

The Myths and Misinformation of California Probate and California Trust and Will Lawsuits.

Posted in Litigation, Probate
The confusing world of Trust and Will lawsuits, it can be quite a quagmire.  Especially if you are looking on the internet for information because every state does things differently when it comes to the trust and will arena.  Even the term “Probate Court” can mean vastly different things in different states. Let me see… Continue Reading

Pardon Our Probate Fees: Written Fee Agreement Not Required for Payment of Probate Attorneys’ Fees

Posted in Probate
Lawyers have rules that we must follow (no, seriously we do), and one of them is that any engagement where we estimate the fees to the client will exceed $1,000 must be documented by a written fee agreement—sometimes called retainer agreement or engagement agreement.  See Bus. & Prof. Code Section 6148.   The California Court of… Continue Reading

Starting the California Probate Process

Posted in Probate
In an earlier post we described what probate is and that it only applies to assets titled in the name of the decedent at the time of her death.  Now we want to discuss how to start the probate process (it’s just a court process after all). Handling a California probate can be summed up… Continue Reading
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