Typically, if a deceased person drafted a will prior to their death, the courts will uphold the will and disburse the person’s assets according to its terms. There are some exceptions, however, as demonstrated in a recent ruling issued by a California court in which the court found it necessary…
While some step-parents and step-children have a close bond, others have contentious relationships, and it is not uncommon for them to argue over property and assets. In some instances, their disputes continue after the death of the parties that tie them together. This was demonstrated in a recent case in…
When people lose a loved one, they often not only have to contend with the emotional impact of the person’s death, but in many instances, they also have to fight family members who unjustly violate their property interests in the decedent’s estate. The California courts do not view people who…
People that have substantial assets will often feel pressure to provide for their children financially. In some cases, pressure can progress into outright manipulation. Older individuals are particularly vulnerable to financial abuse, and tragically, are sometimes coerced by their children into modifying estate planning documents to preclude other beneficiaries. Elder…
It is not uncommon for wealthy families to create trusts so that they can pass assets on to their children without facing significant tax penalties. While beneficiaries are typically granted certain rights with regard to trusts, parties who bear no relation to a trust generally do not have standing to…
Trusts are useful tools that help people protect their wealth and assets for future generations. In some instances, beneficiaries or other parties may be able to modify a trust. If they do, however, they must ensure that they provide notice to anyone who has an interest in the trust; otherwise,…
It is an unfortunate reality that many people living in California are victims of domestic abuse. Some survivors are reluctant to share their stories with others for fear the violence may become worse, and the signs of abuse are often subtle, especially if people are not aware of what to…
California is a community property state, which means that any property acquired by either spouse during a marriage is considered to be owned by each party equally. Either spouse can identify property as separate, though, and it will remain their sole property if they divorce. Certain actions can transmute or…
California courts tasked with determining custody of a child will set forth an order that they feel is in the child’s best interest. The courts weigh numerous factors to determine what is best for a child, including the health of each parent, the likelihood of either parent to help maintain…
Generally, if a couple with children decides to divorce, and they are unable to come to an agreement regarding custody, they will ask the court to evaluate the evidence and issue a ruling. Parties that believe a custody ruling to be erroneous or unjust can file an appeal, but they…