Archives for the ‘Litigation’ Category

Avoid a Race with Death to the County Recorder’s Office at

Death bed transfers to sever joint tenancy in real property require strict compliance with California Civil Code Section 683.2(c).  Either before the death of the severing joint tenant, the quit claim deed to severe joint tenancy is recorded in the county where the real property is located; or the quit claim deed to severe joint […]

Intentional Interference with Expected Inheritance

Summary of Case: Same-sex, California couple are not married or registered as domestic partners. As a result neither partner has intestacy rights to inheritance from the other partner. One partner is dying and wants to prepare a Will to provide for his partner. His sister lies and connives to delay any estate planning by her […]

Laundry List of Probate Issues

Typical probate issues Immediate Post-death Activities Succession Nonprobate Transfers Probate Jurisdiction and Procedure Summary Administration Spousal Set-Asides Special Administration Will Contests Independent Administration of Estates Inventory and Appraisal Claims of Creditors Actions By and Against Personal Representative Collection and Management of Estate Property Sale, Lease, and Encumbrance of Estate Property Estate and Income Taxation Determining […]

Trust Beneficiary Needs Information But Trustee Ignores Request

California Law Creates Duty on Trustee to Respond California Probate Code §16061 provides: “Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary’s interest.” Authority and Procedure to […]