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Is Probate Always Necessary?
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Probate Code Section 850 Petitions
Probate Litigation
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Petitions to Determine Entitlement to Estate
Spousal Property Petitions
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Why Hire a Probate Attorney?
Cost of Probate
Distribution of Assets
Execution of the Will
Power of Attorney
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Who is the Executor?
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Property and Probate
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David A Shapiro
George A. Hindmarsh
Practice Areas
Main Menu
Trust Contests
Certification of Trusts
Contesting a Trust
Funding a Trust
Trust Administration
Trust Mediation
Trust Litigation
Trustee Fraud
Removal of a Trustee
Trust FAQ
Will Contests
Breach of Fiduciary Duty
Fiduciary Litigation
Conservatorships
Nomination of Conservatorship
Elder Abuse
Petitions to Determine Entitlement to the Estate
Petition to Establish Heirship
Probate
California Probate Laws
Is Probate Always Necessary?
Probate Administration
Probate Code Section 850 Petitions
Probate Litigation
Probate Disputes
Petitions to Determine Entitlement to Estate
Spousal Property Petitions
Probate FAQ
Why Hire a Probate Attorney?
Cost of Probate
Distribution of Assets
Execution of the Will
Power of Attorney
Probate Petitions
Probate Timeline
Removal of Executors
Who is the Executor?
Probate Process
Property and Probate
Spousal Property Petitions
Guardianships
Nomination of Guardianships
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Revocation of Powers of Attorney
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Blog
Categories
Advanced Health Care Directive
Apr 28, 2012
Have You Factored In HIPAA Rules Into Your Estate Plans?
Mar 7, 2012
Organ Donation Directives
Aug 3, 2011
What Are Some of the Costs of Court Appointed Guardianships/Conservatorships?
Anti-lapse
Aug 24, 2011
California: An Anti-Lapse State
Dec 14, 2010
Disinheritance Cluase may not avoid Anti Lapse statute
Asset Protection
Oct 24, 2012
Utilizing Retirement Plans for Asset Protection - Part III
Oct 23, 2012
Utilizing Retirement Plans for Asset Protection - Part II
Oct 22, 2012
Utilizing Retirement Plans for Asset Protection - Part I
Breach of Fiduciary Duty
May 10, 2013
Part II - Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings
Feb 8, 2013
Part II: Probate Court has Authority to Compel an Accounting and it is Not Appealable Unless...
Aug 25, 2012
Developmentally Disabled Woman Kept From Benefitting From Trust Assets
Capacity
Dec 10, 2010
Capacity in California Information
Nov 3, 2010
Capacity in California Continued
Nov 2, 2010
Determining Capacity
Celebrity Estates
Nov 7, 2013
Musician Lou Reed Leaves Estate to Wife and Sister
Aug 12, 2013
Part II - Estate Planning Attorney Disqualified from Representing A Client with Adverse Interests To Former Client
Jul 24, 2013
James Gandolfini in Death and Taxes
Community Property
Oct 11, 2012
Spousal Lifetime Access Trust (SLAT)
Jul 19, 2010
You can avoid probate if you have Property held as Community Property with Right of Survivorship
Conservatorship
Aug 21, 2013
Part III - Heightened Standard of Proof is Required for Authorization of Medical Procedures that Impacts Fundamental Rights
Aug 20, 2013
Part II - Heightened Standard of Proof is Required for Authorization of Medical Procedures that Impacts Fundamental Rights
Aug 19, 2013
Heightened Standard of Proof is Required for Authorization of Medical Procedures that Impacts Fundamental Rights
Death Taxes
Jul 18, 2012
Estate Taxes Are Not Avoided SImply Because of a Trust
Oct 18, 2010
The Estate Tax RETURNS IN 2011
Apr 2, 2010
About Private Letter Rulings
Decedent's Estate Proceedings
Sep 20, 2013
Part III - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice
Sep 5, 2013
Part III - Executor May Be Awarded Attorney Fees and Costs if Participating "As A Party to Assist the Court"
Sep 4, 2013
Part II - Executor May Be Awarded Attorney Fees and Costs if Participating "As A Party to Assist the Court"
Disinheritance
Nov 4, 2013
No-Contest Clause
Oct 16, 2013
How Can You Circumvent the Omitted Spouse Provision?
Oct 15, 2013
Part IV - The Omitted Spouse
Distribution of Property
Jun 28, 2013
Part II - Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition
May 24, 2013
In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause
May 23, 2013
Part II - Rules of Succession When Decedent Dies Without a Will
Elder Abuse
Oct 28, 2013
Court Reverses Insurance Agent's Theft Conviction
Aug 29, 2013
Part II - California Court of Appeal Caps Patient Rights Claims in Elder Abuse Cases at $500
Aug 28, 2013
California Court of Appeal Caps Patient Rights Claims in Elder Abuse Cases at $500
Elder Law
Oct 4, 2016
New Budget Law Brings Changes to Medi-Cal Estate Recovery
Oct 30, 2013
Part III - Court Reverses Insurance Agent's Theft Conviction
Estate Administration
Sep 27, 2013
Part III - Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement
Sep 9, 2013
At What Point Should I Create a Will?
Nov 28, 2012
Unclean Hands Doctrine - Part II
Estate Planning
Nov 25, 2015
Talking Estate Plans with Your Loved Ones This Holiday Season
Oct 17, 2013
Are You An Omitted or Pretermitted Heir?
Sep 16, 2013
How Do I Know What Type of Trust is Right for Me?
Estate Planning Attorney
Sep 19, 2017
When Do You Need A Trust Litigation Lawyer?
Sep 20, 2011
Homestead Declaration as Part of Estate Planning
Dec 23, 2010
Why Most People Consider Setting up a Living Trust
Estate Taxes
Oct 5, 2012
Act Now To Take Advantage Of The $5.12 Million Lifetime Gift Tax Exemption Set To Expire In 2012
Jul 27, 2012
Senate Democrats Remove Estate Tax Proposals From Tax Bill
May 19, 2012
IRS Issues New PLR
Executor
Jun 16, 2010
Insolvent Estates in California: Who gets Paid?
fiduciaries
May 10, 2010
Standing and Sufficiency of a Petition for Guardianship: What Test applies in California?
Fiduciary
Dec 28, 2012
Trustee Compensation
Dec 8, 2011
Are Trustees Protected from Fiduciary Breaches by No Contest Clauses?
Oct 25, 2010
Standard to Appoint a Guardian
Fraud
Mar 26, 2013
Part II - Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers
Mar 25, 2013
Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers
Jun 27, 2012
Nun Accused of Forging Deceased Millionaire's Will
Guardianships
Nov 9, 2012
Parental Rights Termination and Parental Unfitness
Nov 8, 2012
Guardianship Cases and Parental Unfitness
Mar 21, 2012
What is a Guardian Ad Litem?
Intestacy
Sep 19, 2013
Part II - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice
Sep 18, 2013
Res judicata Bars Respondents from Relitigating Previous Case That Was Dismissed with Prejudice
Feb 7, 2013
Part II: Section 366.3's Time Limit Controls Claims on Promises to Make a Distribution from the Estate
Life Insurance proceeds
Aug 21, 2012
New Task Force May Help To Distribute Unclaimed Insurance Benefits
Life Insurance Trust
Sep 28, 2011
Can I Put Life Insurance in a Trust?
Living Trust
Dec 6, 2013
Part III - Living Trusts
Dec 2, 2013
Part II - Living Trusts
Oct 2, 2013
Part II - General Assignment Effectively Transfers Unintentionally Omitted Shares of Stocks to Trust
Non-Probate Transfers
May 31, 2013
Part III - Non-Probate Transfer
May 30, 2013
Part II - Non-Probate Transfer
Oct 14, 2010
The California Court of Appeals rules on Non-Probate Transfers
Personal Representative
Dec 31, 2013
Part III - Duties and Responsibilities of a Personal Representative
Dec 30, 2013
Part II - Duties and Responsibilities of a Personal Representative
Dec 16, 2013
Duties and Responsibilities of a Personal Representative
Pet Trusts
Apr 16, 2012
The Case of Boots The Cat
Power of Attorney
Sep 23, 2013
What is the Purpose of a Power of Attorney?
Nov 11, 2011
Simple Advice for Durable Power of Attorney Agents
Nov 4, 2011
Divorce Renders Power of Attorney Null
Probate
Jun 21, 2023
How to Protect Your Business During Probate in California
Dec 10, 2013
Where Are Probate Cases Filed?
Nov 21, 2013
Does all property go through probate?
Taxes
Jun 21, 2012
New Rules Regarding Portability Election
May 22, 2012
New IRS Rules for Estates and Trusts
Apr 3, 2012
Don't Fear The Assessor
Trust Administration
Sep 24, 2013
Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement
Jul 22, 2013
Part III - Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition
Feb 25, 2013
Part II: Five by Five Clause
Trust Funds for Kids
Nov 28, 2011
Protecting Assets Gifted to Your Children
Trust Litigation
Sep 30, 2013
When Would I Need to Hire a Trust Litigation Attorney?
Trustee
Mar 27, 2013
A Trust is Not an Entity and Judgment Against it is Unenforceable
Mar 1, 2013
Part III: Five by Five Clause
Feb 19, 2013
Five by Five Clause
Trusts
Nov 26, 2013
Living Trusts
Feb 5, 2013
Transferor & Transferee Doesn't Have to be Related at Time of Death for Transfers to be Valid - Part II
Nov 6, 2012
Trust Modifications and Revocations - Part IV
Will contest
Oct 23, 2013
Part III - Contrary Substantial Evidence May Negate the Will Revocation Presumption
Oct 21, 2013
Contrary Substantial Evidence Can Negate the Will Revocation Presumption
Feb 1, 2013
Part II: Omissions Do Not Make a Will Ambiguous
Wills
Jan 10, 2013
Part II: Marriage Does Not Invalidate Domestic Partnership
Aug 30, 2012
Caution When Gifting To An Interested Witness
Aug 17, 2012
When Omitted is Not Omitted