Just how exactly does Probate code 6402.5 work?

To get to this section the decedent needs to have no estate plan and no children and die soon enough after the predeceased spouse. In 35 years of...

Can the surviving spouse change provisions of the exemption trust?

It depends on the terms of the trust. Some allow the surviving spouse to make changes to the distribution percentages (e.g. from equally to the...

If I have a restraining order that says I cannot be around a person? and that person dies am I allowed at their funeral?

Is your brother also a protected person? The petitioner often is a protected person along with the parent. Read the restraining order to make sure...

TRO Against Destroying Records.

You need a probate litigator. The facts MAY be sufficient to get sanctions for spoilation of evidence.

How long will the courts allow sibling, not named in the trust, to contest and postpone our Moms Living Trust? Its been two yrs.

Ask your attorney to look at Barefoot v Jennings (2018) 27 Cal.App.5th 1 and see if it would apply. Warning. The California Supreme Court now has...

The legislature passed this and the governor signed it. So TOD deeds are legal. There are strict guidelines for the deeds. Some estate planners...

The reading of the will is only in works of fiction. After your mother dies, the successor trustee has the duty of sending a notice and a copy of...

What right do other named relatives have to a piece of land supposedly was heired to them?

To add to Mr. O'Brien's answer. If title is as tenants in common, one or more probate procedures will be necessary to transfer the decedents'...

How can I proof that my grandfather singed his will without knowing what he was signing and what that document stated?

The level of capacity to sign a will is above that needed to get married, but below that needed to sign a contract or execute a trust. The test...

Irrevocable trust

It depends on what the trust says. Some allow a person to continue to reside in the home. BUT the tenant pays the expenses. Some would have the...