California Legal Guides
126 guides covering California topics, each with Caselaw search beside the article.
Where to search California lawFree caselaw search for California — search by citation, case name, or legal issue, with full text and PDFs.
- 10 Duties of a Personal Representative in California Probate
What are the duties of a personal representative in California probate? A personal representative has many duties in a California probate . A personal representative is a fiduciary tasked with administering the estate and must administer th…
- 2020 California Case Roundup
Barefoot v. Jennings : The California Supreme Court decides that individuals who claim that trust amendments eliminating their beneficiary status arose from incompetence, undue influence, or fraud have standing to bring a challenge. Califor…
- A California Trust Deed, a Power Of Sale, and Community Property
The Second Appellate District of California, in Trenk v. Soheili , affirmed the judgment of the trial court quieting title in property that was the subject of a trust deed, finding that even though the statute of limitations had not run, th…
- Adverse Possession in California
California adverse possession: 5 years under Cal. Civ. Proc. Code §§ 322, 325. Elements, taxes, color of title, and linked California opinions.
- Alleged Delusions Did Not Invalidate Trust In Favor Of St. Jude’s For Lack Of Testamentary Capacity
In Eyford v. Nord , a March 2021 opinion, the California Court of Appeal, First Appellate District, affirmed a California probate court’s judgment denying a petition filed by two granddaughters to invalidate their grandmother’s trust on the…
- Ancillary Probate in California
Ancillary probate is a secondary or “extra” probate that occurs when a non-resident of California dies owning property within California. “Ancillary administration” means proceedings in California for administration of the estate of a nondo…
- Are Handwritten Wills Valid In California?
Yes, handwritten or “holographic” wills are valid in California. What Is A Holographic Will? A holographic will is a will written in the testator’s handwriting and signed by the testator. California’s holographic will statute, section 6111 …
- Are Oral Promises Enforceable Against an Estate in California?
In Spears v. Spears , A164622 (1st App. 2023), the Court of Appeals of the State of California reviewed a trial court’s dismissal of a creditor’s claim against the trustee of a testamentary trust. In the decision, filed December 19, 2023, t…
- Assets of Spendthrift Trust May Be Reached For Payment of Attorneys Fees and Costs In California Marital Dissolution Proceedings
In In Re the Marriage of Elizabeth Anne Wendt and William Nicholas Pullen , the California appellate court, Third District, addressed the intersection of family law and probate and trust law, holding that an award of attorney fees from a sp…
- Beneficiary’s Estate Has Standing To Demand an Accounting In California Trust Dispute
In Dunlap v. Mayer , a California appellate court addressed the standing of a deceased beneficiary's estate to demand an accounting of a trust that decedent was a beneficiary of during her life. The Facts of Dunlap v. Mayer Josephine and Er…
- Black Panther Star Chadwick Boseman Died Without A Will
Chadwick Boseman, star of Black Panther, died on August 28, 2020 without a will. Recent reporting (see here and here ) is that Boseman’s widow has filed for probate of his intestate estate in Los Angeles County, California. The estimated va…
- California Appeals Court: Charities Who Ignored Notices Forfeited Rights As Potential Beneficiaries of Trust
In Breslin v. Breslin , a California appeals court considered whether potential beneficiaries of a trust who received notice that the trust litigation was going to mediation, but did not participate in the mediation, were bound by the resul…
- California Appeals Court: Deceased Husband's Sperm Has No Value If It Cannot Actually Be Used
In a May 1, 2020 opinion, the California Court of Appeal, Second District, affirmed a trial court’s judgment sustaining demurrers to a surviving spouse's causes of action relating to her ability to posthumously use her deceased husband’s sp…
- California Appeals Court Offers Textbook Example Of How a Fiduciary Should Not Proceed
In Friend v. Farrant , an August 2, 2021 opinion from the California Second Appellate District, the appellate court issued a cautionary opinion about how a fiduciary should not proceed when acting as a fiduciary and conducting themselves in…
- California Appeals Court Upholds Double Damages In Elder Financial Abuse Case
In Keading v. Keading , the California Appeals Court, First District, addressed three consolidated appeals involving elder financial abuse, and, in the published portion of the opinion, held that substantial evidence supported the trial cou…
- California Child Support Guidelines: How Support Is Calculated
How California calculates child support under Cal. Fam. Code §§ 4050–4076, including the income shares (statewide guideline formula), deviations, modification, and leading cases.
- California Court Of Appeals Reverses Dismissal Of Fraudulent Transfer Action
In Aghaian v. Minassian , the California Court of Appeal, Second District analyzed whether plaintiffs sufficiently alleged claims involving fraudulent transfer of assets under California law, and ultimately reversed the trial court’s judgme…
- California Court Upholds Elder Abuse Restraining Order Except Firearms Prohibition
In White v. Wear , a March 8, 2022 opinion from the California Appellate Court, Fourth Appellate District, Division Two, the court addressed the appropriateness of an elder abuse restraining order which restrained a stepdaughter from engagi…
- California Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to California evidence law under the California Evidence Code: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- California Executors' Access To A Decedent's Digital Assets
California’s Revised Uniform Fiduciary Access to Digital Assets Act allows a California testator to give an executor, administrator, trustee, or other fiduciary authority over his or her digital assets upon the testator’s death or incapacit…
- California Expungement After an Arrest or a Conviction
California expungement begins with Cal. Penal Code § 1203.4, setting aside a guilty verdict and dismissing the case. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.
- California Homestead Exemption Law Update 2021
As of January 1, 2021, the homestead exemption for California homeowners has increased from $75,000, $100,000, or $175,000 to the greater of $300,000 or $600,000, depending on certain factors. Amended 2021 California Homestead Exemption – S…
- California Medicaid Medi-Cal Benefits Must Be Paid From Revocable Trust Prior To Distribution To Trust Beneficiaries
In Riverside County Public Guardian v. Snukst , a January 10, 2022 opinion, the California appellate court gave an overview of the obligations of a decedent’s estate or trust to pay back Medicaid Medi-Cal benefits. The Facts Of Riverside Co…
- California’s Elder Abuse Act: Attorney's Fees Mandatory Upon Finding Of Financial Abuse
The California Elder Abuse and Dependent Adult Civil Protection Act, the “Elder Abuse Act,” protects elders against financial and other abuse “by providing enhanced remedies which encourage private, civil enforcement of laws against elder a…
- California Spousal support: Eligibility, Amount, and Duration
How California courts award spousal support under Cal. Fam. Code §§ 4320–4339: eligibility, statutory factors, duration, and leading cases.
- California Statutory Trust Revocation Available Unless Trust Explicitly Provides Exclusive Method
A revocable trust can be revoked pursuant to a statutory method set forth by section 15401 of the California Probate Code unless the trust document explicitly provides the exclusive method to revoke the trust. In Cundall v. Mitchell Clyde ,…
- California Successor In Interest Affidavit Not A Prerequisite To Filing Suit
In Aghaian v. Shahen Minassian , the California Appellate Court, Second District, affirmed a $34 million judgment and discussed the timing of filing successor in interest affidavits to pursue litigation as a successor in interest in Califor…
- California Supreme Court: Clear and Convincing Standard Of Proof Does Not Disappear On Appeal In Conservatorship Case
In a July 27, 2020 opinion, Conservatorship of O.B. , the California Supreme Court reversed a decision implementing a conservatorship, holding that an appellate court must account for the clear and convincing evidence standard of proof when…
- California Targets Caregivers Who Marry A Dependent Adult
Caregivers of a dependent adult hold a position of trust. However, a scheming caregiver may view a dependent adult as an easy target. The California legislature has cracked down on exploitive caregivers who marry a dependent adult. Californ…
- Can A Beneficiary Witness A Will In California?
Yes. A beneficiary can witness a will in California, BUT doing so is more trouble than it's worth. How Many Witnesses Are Required for a Valid California Will? In California, two witnesses must sign the will, along with the testator. The wi…
- Can A Power of Appointment Be Used To Transfer All Assets Out Of A California Trust?
Yes, a general power of appointment can be used to transfer the entire corpus of a California trust to one person if the terms of the trust permit. In the April 2020 opinion in Tubbs v. Berkowitz , a California surviving spouse used a gener…
- Can A Remainder Beneficiary Sue A Trustee In California: Estate of Giraldin
California courts have gone back and forth as to whether a remainder beneficiary can sue a trustee in California for breach of a fiduciary duty after the settlor’s death. The California Supreme Court settled the question in In Re Estate of …
- Can A Will Defeat A Joint Survivorship Account?
In Placencia v. Strazicich , a California appellate court ruled that a decedent’s will can defeat the presumption of a right of survivorship to a joint tenancy account. The Facts of Placencia v. Strazicich Decedent, Ralph Placencia, held a …
- Can I Appeal a California Probate Court Decision?
Yes, you can appeal a California probate court decision. What kind of California probate court decisions can be appealed? General Probate Orders California Probate Codes section 1300 governs appealable orders in probate generally and permit…
- Can I Get Sued After a Car Accident in California? Does Fault Matter?
California car accident lawsuits and fault: pure comparative fault (recovery reduced by your share of fault, with no percentage bar) under Cal. Civ. Code §§ 1714, 1431.2, when you can sue or be sued, insurance rules, and the statute of limitations (2 years — Cal. Code Civ. Proc. § 335.1).
- Can I Leave Assets To My Pet In California?
California pet owners and animal lovers frequently ask: Can I leave assets to my pet so that my pet can be taken care of after I pass away? The answer is no, you cannot leave assets to your pet. But, you can definitely provide for your pet’…
- Can You Administer The Estate Of a Missing Person In California?
Yes. California has a process allowing interested persons to probate the estate of a missing person when they are presumed dead. When Is A Missing Person Presumed Dead In California? California Evidence Code § 667 provides that a person who…
- Can You Amend A Trust With A Post-It Note?
In Pena v. Dey , the court was tasked to determine whether the settlor and trustee of a California revocable trust validly amended the trust when he made handwritten interlineations to the First Amendment to the trust, adding a beneficiary,…
- Can you Challenge Joint Account Titling in California After Death?
Aging parents often add an adult child to joint accounts to make it easier from them to help manage assets or pay bills. However, this well-intentioned step can lead to unintended consequences in California when the parent passes away. In s…
- Castle Doctrine in California: Deadly Force Against Intruders
California castle doctrine: when occupants may use deadly force against home intruders, key statutes (Cal. Penal Code § 198.5), presumptions, and leading cases.
- Child Custody and Parenting Time in California
How California courts decide custody and parenting time under Cal. Fam. Code §§ 3011, 3020, 3040, 3087, including best-interests factors, relocation, and modification.
- Common Terms Under The California Probate Code
Probate law can be confusing, and many of the terms used by California probate practitioners are unfamiliar to a layperson. The California probate code defines over 65 terms under sections 20-88 of the California Probate Code . Some of the …
- Creditor Claims In California Probate
California probate creditor claims can be a technical trap for the unwary. With notice requirements and strict deadlines and timelines in California probate , knowing who is entitled to notice, and when claims have to be filed is incredibly…
- Deadlines and Timelines in California Probate
What Are The Deadlines and Timelines In California Probate? Key deadlines and timelines in California probate include: Contesting appointment of personal representative: at or before hearing (by filing written objections) Response to will c…
- Decedent’s Children From Prior Marriage Held To Have Intentionally Interfered With Spouse’s Expected Inheritance Under California Law
In a detailed and lengthy opinion, the California Court of Appeal, Third District, in Gomez v. Smith , affirmed a trial court judgment which held a decedent's children by a prior marriage intentionally interfered with the expected inheritan…
- Decedent’s Children Hit a Wall In California Probate Court: Undue Influence Presumption Applied To Declare Home Community Property
In Estate of Wall , the California Court Of Appeal, Third Appellate District, analyzed the intersection of the Family Code and Evidence Code in a probate dispute involving community property, affirming a judgment applying the Evidence Code …
- Double Damages In California Probate Litigation
California law allows for double damages in some probate litigation matters. In the March 2020 case of Estate of Ashlock , the California Fifth Appellate District issued an opinion certified for partial publication that clarified what “doub…
- Due Process In California Probate Proceedings
In a February 2020 opinion, Roth v. Jelley , a California appellate court determined that appellant’s due process rights were violated when he received no notice and no opportunity to be heard with respect to a California probate judgment t…
- DUI Penalties in California
California DUI penalties under Cal. Veh. Code §§ 23152, 23153: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- Effect of Divorce or Termination of Domestic Partnership on California Estate Plan
After a divorce or a termination of domestic partnership in California, the parties involved often forget or fail to amend their estate plans to reflect the legal end of the relationship. While it is a good idea to update your estate planni…
- Electronic Wills In California
Existing California law does not yet include a law providing for electronic wills, although proposed legislation exists. California law generally requires that a will be in writing, signed by the testator, and witnessed by two witnesses. Ca…
- Family Allowance In California Probate
A family allowance is one of the rights granted to certain family members during a California probate . What is a Family Allowance In California Probate? A family allowance is a court-authorized amount payable to certain of a California dec…
- Final Distribution and Discharge In California Probate
When the administration of a California probate is complete, the last task for an administrator or personal representative is to petition for final distribution and obtain discharge. What Is An Order for Final Distribution in California Pro…
- Financial Elder Abuse Claim Brought In Individual Capacity For Actions Taken As Personal Representative Survives In California Appellate Court
Can a person who is both personal representative of a California probate estate and a beneficiary of that estate maintain in her individual capacity a claim for financial elder abuse (or any other claims) based on allegations that she was m…
- Foreign Language Wills In California Probate
A will written in a foreign language can be admitted to probate in California . Certain rules and procedures must be followed. What Happens When A California Decedent Dies With A Will Written In A Foreign Language? Pursuant to California Pr…
- General Disinheritance Clause Defeats Omitted Child Claim Under California Probate Code
Hugh O’Brian, an actor best known for his role as Wyatt Earp in the 1950’s ABC Western television series, The Life and Legend of Wyatt Earp , died in September 2016. In Rallo v. O'Brian , an August 3, 2020 opinion from the Court of Appeal o…
- Grounds To Remove A Personal Representative In California Probate
Ideally a personal representative acts like a responsible fiduciary and efficiently and ethically administers the estate. If a California personal representative does not meet their fiduciary obligations, however, there are several grounds …
- Guide to Fees and Costs In California Probate
At the beginning of most California probate matters, a common question is how much is it all going to cost, and who pays for it. Use this guide as an overview of the usual fees and costs in a California probate. What Fees are Paid To A Cali…
- Heir Hunter Fee Agreement Violates Public Policy As Illegal Practice Of Law
In Estate of Molino , a California appeals court ruled that an heir hunter fee agreement authorizing the heir hunter to select and pay for an attorney for beneficiaries was void as against public policy, because the agreement contained an e…
- Heirship Petitions in California Probate
A 2019 case from California’s Fourth Appellate District, Estate of Herzog , analyzed an heirship petition proceeding in a California probate case where the evidence of heirship was not sufficient. What is An Heirship Petition in California …
- How Does Bond Work in California? Bail and Pretrial Release Explained
California bail and bond explained: cash, surety, and ROR. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked California opinions under Cal. Penal Code §§ 1269b–1276.5.
- How Does Eviction Work in California?
California eviction / unlawful detainer under Cal. Civ. Proc. Code §§ 1161 to 1179a: notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How Do You Revoke A Will In California?
There are two ways to revoke a will under California law. Pursuant to California Probate Code §6120 , a will can be revoked by: A subsequent will which revokes the prior will or part expressly or by inconsistency. Being burned, torn, cancel…
- How Do You Speed Up Probate In California?
There are several ways to speed up the probate administration process in California, including taking advantage of simplified procedures, responding timely to notices from the Court, and avoiding litigation. How Long Does the Average Probat…
- How to Contest a Will in California
What Grounds Do You Need to Contest a Will in California? A will can be contested in a California probate proceeding on the grounds of: Lack of proper execution formalities; Lack of testamentary capacity Undue influence Fraud Duress Mistake…
- How to File a Lawsuit Without a Lawyer in California: Pro Se Litigation Guide
A practical California guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint (Judicial Council forms for many case types); how service and TrueFiling / Odyssey File & Serve (county-dependent) registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in California
California divorce filing guide: At least one spouse must have been a California resident for 6 months, and a county resident for 3 months, before filing. community property; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in California
Paths to shorten or correct a California prison sentence under Cal. Penal Code §§ 1170(d)(1), 1172.1: modification motions, good-time credits, parole, and post-conviction relief — with linked California opinions.
- How to Modify Child Support in California
Step-by-step guide to modifying a California child support order under Cal. Fam. Code §§ 3650, 3651, 3680; Cal. Fam. Code § 4010 (guideline): what counts as a change in circumstances, when changes take effect, and the cases that matter.
- How to Modify Spousal Support in California
Step-by-step guide to modifying spousal support in California under Cal. Fam. Code §§ 3650, 4336: changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- How To Reopen Probate In California
In certain situations you can reopen a California probate by petitioning for subsequent administration. How Do I Reopen Probate in California? To reopen a California probate, one can file either: A Petition for Subsequent Administration und…
- How To Win A Will Contest In California
Before you bring a will contest in California, you should know how to win a will contest in California. Although every case is different and depends on the unique facts and circumstances, there are common rules of thumb and steps to take in…
- Inheritance Rights of Adopted Children in California
Inheritance rights of adopted children in California are the same as biological children. The adoptive parent and the adopted child have a legal parent and child relationship. What Inheritance Rights Exist When There Is No Will? A legal par…
- Intentional Interference With The Expectancy of Inheritance in California
What is Intentional Interference with the Expectancy of Inheritance? In California, intentional interference with expectancy of inheritance is a cause of action available when there is no adequate probate remedy. Intentional interference wi…
- Inventory And Appraisal In California Probate
An inventory and appraisal is a required filing in California probate . The inventory and appraisal is a single document that (1) inventories the property in the decedent’s estate and (2) contains an appraisal of the property in the invento…
- Is Abortion Legal in California?
California abortion law after Dobbs: protected access. Legal until fetal viability, with life/health exceptions thereafter. Linked statutes and California opinions.
- Is a Probate Advance Legal in California?
California regulates many professional purchases of beneficial interests under Probate Code § 11604.5, with an exemption for certain DFPI-regulated financing transactions. Heirs should verify filing duties, fee disclosures, and prohibited contract terms—not rely on generic nationwide claims.
- Is A Surviving Spouse Liable For A Deceased Spouse's Debts Under California Law?
After the loss of a spouse, the stress of dealing with the deceased spouse’s debts is the last thing that a California surviving spouse wants to deal with. The estate of a California decedent is generally liable for decedent’s debts. But wh…
- Is Insurance Churning Elder Abuse?
A recent case from California holds that insurance churning can be a form of elder abuse. What is Elder Abuse in California? The California Elder Abuse Act covers physical and mental abuse, neglect, financial abuse, abandonment, isolation, …
- Joint Personal Representatives In California Probate
Sometimes when a California testator executes a will they nominate two or more people to serve as joint personal representatives of their probate estate. This is often done because a testator does not want one person making all of the decis…
- Legal Mental Capacity For California Wills And Trusts
California has several different mental capacity standards that apply depending on the situation – there are different standards for issues concerning contracts, marriage, medical decisions, and testamentary documents. Mental capacity for t…
- Lifetime Transfers Considered An Advance On Inheritance
Under California law, lifetime transfers of property to a person will under certain conditions be treated as an at death transfer, and therefore as an advance on any inheritance. All of the conditions require a writing. In Sachs v. Sachs , …
- LPS Conservatees Have The Right Not To Testify Against Themselves In California Conservatorship Proceedings
A person who is gravely disabled as a result of a mental health disorder can become the subject of a conservatorship under California’s Lanterman-Petris-Short Act (“LPS Act”). In the May 2020 opinion of Conservatorship of J.Y. , the Court o…
- Michael Jackson Estate Scores Big Tax Court Victory
In Estate of Jackson v. Comm'r, T.C. Memo. 2021-48 , the Tax Court held that the value of the image and likeness of Michael Jackson was $4,153,912, as opposed to the $161,307,045 asserted by the IRS in court, and as compared to the IRS's or…
- Millionaire Steve Bing’s Estate At Center Of Paternity and Disinheritance Dispute In California Probate Court
Steve Bing, a wealthy Hollywood movie investor, committed suicide earlier this year in Los Angeles. Now, the Daily Mail reports that issues of paternity and a possible challenge to the disinheritance of any children are brewing in Californi…
- Modifying a Revocable Trust in California: What does “Provides Otherwise” Really Mean?
On February 8, 2024, the California Supreme Court released its decision in Haggerty v. Thornton (CA 2024) S271483, addressing the methods for modifying a revocable trust. General Rule: a California trust can be modified the same way it can …
- No Attorney Fees In a California Conservatorship Proceeding Without Appointment Of Conservator
In Brokken v. Brokken , the California Court of Appeals reversed an award of attorney fees incurred in a conservatorship proceeding where no conservator was ever appointed, finding that no statutory authorization exists for the award of att…
- No Contest Clauses In California Expand To Defense of Invalid Trust
In Key v. Tyler , 34 Cal. App. 5th 505 (2019), a California appellate court held that a trustee’s defense of an invalid trust amendment, if made without probable cause, can activate a no contest clause and result in disinheritance. This hur…
- No Excuse for Noncompliance: No Specific Reference To Trust’s Power Of Appointment Results In Invalid Gift Under Holographic Will in California
In the Estate of Eimers , the California Court of Appeal, Second District, answered the question: Where a trust beneficiary creates a will that gives away his trust shares without also specifically referring to the power of appointment as r…
- Omitted Spouses and Children In California
Omitted (otherwise known as pretermitted) spouses and children in California are those who marry the decedent (spouse) or are born (children) after the execution of all the decedent’s testamentary instruments and are not provided for in the…
- Partition In California Probate
Partition in California is an action used to divide property among its owners. Partition actions often arise in the context of a California probate , where beneficiaries inherit interests in a decedent’s property, but do not want to continu…
- Personal Jurisdiction In A California Trust Dispute: You Can’t Have It Both Ways
In Van Buskirk v. Van Buskirk , the Court of Appeal of California, Second District, considered the issue of personal jurisdiction in a California trust dispute in a case where Respondents had frequently availed themselves of the California …
- Premarital Agreement Waives Surviving Spouse Rights In California
In Estate of Eskra , a May 3, 2022 opinion, the California Appellate Court, First Appellate District, determined that a surviving spouse waived spousal rights upon the death of her husband in a premarital agreement, and that the failure to …
- Reformation of a Will in California
Can you reform a will in California? Yes. Reformation of a will in California is permitted, even if the will is unambiguous, if there is a clear expression of decedent’s intent supporting reformation at the time the will was drafted. The Ca…
- Security Deposit Return in California
How California landlords must handle residential security deposits under Cal. Civ. Code § 1950.5: limits, return deadlines, and wrongful-withholding remedies.
- Small Estates In California: 2020 Update
A simplified procedure is available under California probate law to settle estates with assets that do not surpass a certain threshold, making it a “small estate.” In a small estate, you can use an affidavit to transfer decedent’s assets, a…
- Spousal Undue Influence In California
Undue influence is a common ground to challenge a will or trust. California law has made an undue influence challenge against a spouse just a little tougher for a will challenger with California Probate Code 21385, effective January 1, 2020…
- Spring 2021 California Case Roundup
Aghaian v. Minassian : Plaintiffs sufficiently alleged claims involving fraudulent transfer of assets by a guardian ad litem. Status as guardian ad litem did not provide blanket immunity for actions taken as guardian, because fraudulent con…
- Standing To Challenge A Trust: The California Supreme Court Decides
The California Supreme Court, in the January 23, 2020 opinion of Barefoot v. Jennings , held that the California Probate Code grants standing in probate court to individuals who claim that trust amendments eliminating their beneficiary stat…
- Stand Your Ground Laws in California
California stand-your-ground overview (judicial (case-law) stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Statute of Limitations For California Creditor Claims
Filing a creditor claim on time in California is critically important. The timely filing of a creditor claim tolls the one-year statute of limitations to bring claims against a decedent, and the creditor then has 90 days to file suit after …
- Substantial Benefit Doctrine As A Basis For Fees In California Probate
The substantial benefit doctrine permits a California probate court to award attorney’s fees to a party if the party’s efforts in the litigation result in a substantial benefit to other parties. The benefits do not have to be pecuniary. The…
- Substantial Evidence Required In California LPS Conservatorships
In Conservatorship Of the Person Of S.A. , the California Appeals Court, Second Appellate District, considered an appeal of an order reappointing a conservator under the Lanterman-Petris-Short Act (LPS Act), and whether or not substantial e…
- Surviving Spouse Rights California
California law affords certain rights and benefits to surviving spouses (sometimes called widow's rights) including: Community Property Intestate Share Pretermitted Spouse Rights In order to preserve all widow's rights and benefits granted …
- The Mysteries of the Britney Spears Conservatorship
Much has been written about the Britney Spears conservatorship, and most is pure speculation. Here we clarify a few points from a legal perspective and answer some common questions. What is a conservatorship in California? A conservatorship…
- The Power of Revocation Includes the Power of Modification Under California Law – Unless the Trust Provides Otherwise
In Haggerty v. Thornton , a September 16, 2021 opinion from the California Fourth District Court of Appeal, Division One, the court affirmed a probate order finding that a 2018, unnotarized document was a valid modification of a trust under…
- Transfer of Trust Real Property In California: Equitable Title Controls For Property Tax Purposes
In Bohnett v. County of Santa Barbara , the California Court of Appeals, Second District, Division Six, considered whether the purchase of real property by a trust beneficiary from his siblings and co-beneficiaries was a parent-child transf…
- Trust Protector Not Entitled to Accountings in California
A recent California appellate decision sets forth some limitations on the powers and duties of a trust protector, determining that a trust protector is not entitled to an accounting. What is a Trust Protector? A trust protector is a person …
- Waiver of Spousal Rights In California Probate
Spouses in California can enter into contractual arrangements relating to their rights at death, i.e. a waiver of spousal rights in California probate. The California Probate Code provides that a surviving spouse can waive, in whole or part…
- What Are The Requirements For A Valid Will In California?
A will is a document that directs what happens with the property that you own when you die – you can learn more about what a will can do here . The requirements to make a will that is valid under California law are: The will must be in writ…
- What Constitutes Undue Influence In California?
Undue influence in California is defined by statute. What constitutes undue influence in California law is broad. Undue influence means “excessive persuasion that causes another person to act or refrain from acting by overcoming that person…
- What Happens If I Refuse a Breathalyzer Test in California?
California implied-consent consequences for refusing a chemical breath or blood test under Cal. Veh. Code § 23612, including license suspension and evidence use.
- What Happens When A Beneficiary Of A California Estate Dies?
When a beneficiary of an estate dies, California law addresses what happens to their portion of the decedent’s estate. If a beneficiary dies after the testator, sections 11801 and 11802 of the California Probate Code apply. If a beneficiary…
- What Happens When the Defendant in a Civil Lawsuit in California Dies?
Anyone who has been involved in a lawsuit quickly learns that nothing happens quickly! Litigation often last years. What happens if you are a plaintiff in a California lawsuit, and a defendant dies? Do you lose your chance to recover from t…
- What Is A California Statutory Will?
A California statutory will is a form created by the California legislature that Californians can fill in, date, and have witnessed by two witnesses, to control the disposition of their assets upon their death. The California statutory will…
- What is a Conservatorship in California?
There are cases when are adults are not able to care for their own personal needs or finances due to some type of disability, temporary incapacity, or other reasons. In these cases, another adult can be legally appointed as a temporary or p…
- What Is A Heggstad Petition In California Probate?
A Heggstad petition in California probate is used when real property was not transferred into a trust before decedent’s death, but should have been. The Heggstad petition allow the property to be transferred directly into the trust, instead…
- What is a Notice of Proposed Action Under California Law?
What is a Notice of Proposed Action under California Law? A Notice of Proposed Action is sent by a California trustee or personal representative who wants to take some action that may affect the rights of beneficiaries. The Notice of Propos…
- What Is A Probate Referee In California Probate?
A probate referee in a California probate is someone appointed by the court to appraise or value a decedent’s property. To become a probate referee, you are required to pass an examination administered by the State of California. A probate …
- What is Probate in California?
Probate in California is a legal proceeding used to distribute a decedent’s assets. The California probate process is also used to pay decedent’s debts. The court overseeing the probate makes sure that the decedent’s assets are distributed …
- When Can Trustees Represent Themselves In Court?
Non-attorney trustees in California are permitted to represent themselves in court in California if they are not engaging in the unauthorized practice of law. Division Two of the California Court of Appeals clarified the distinction between…
- Who Are Next of Kin in California?
“Next of kin” in California “simply means those upon whom … the law has conferred the right to inherit the property of one who dies intestate.” Estate of Paterson. In layman's terms, next of kin under California law are generally a decedent…
- Who Can Serve As A Personal Representative In California?
A person named as executor in a decedent’s will in California has the right to appointment as personal representative, unless otherwise disqualified. California Probate Code §8420 . If it appears by the terms of the decedent’s will that the…
- Who Has The Burden of Proof In A California Will Contest?
The burden of proof in a California will contest depends on what grounds are alleged for challenging the will, and can shift during different phases of the trial. The Will Proponent Has The Burden of Proof of Due Execution At the trial, the…
- Who Has The Power To Authorize An Autopsy Under California Law?
Who Can Authorize an Autopsy Under California Law? Under California law, a hierarchy of people of the power to authorize an autopsy as follows: Surviving spouse Surviving child Surviving parent Next of kin California Gov. Code 27520 sets fo…
- Will Reformation and Community Property Rights In California
The February 2020 case of Wilkin v. Nelson addressed reformation of a pour-over will, surviving spouse rights, community property, and California intestacy law. The opinion was initially unpublished, and then certified for partial publicati…