News & Analysis as of

Wills Heirs Probate Courts

Patton Sullivan Brodehl LLP

Disputed Real Property Inheritance Must Be Resolved Before Partition Action

The California Court of Appeal recently reaffirmed that a party’s ownership interest in real property must be clearly established before the party can have standing to bring an action for partition of the property. ...more

Amundsen Davis LLC

Common Misconceptions in Estate Planning: Wills Avoid Probate

Amundsen Davis LLC on

It is a common misconception believed by many that having a will avoids probate. Not only is it false, it really could not be further from the truth. Rather, a will is a tool that is often used during the probate process and...more

Bowditch & Dewey

Tales from the Docket: Who Gets the Money When a Trust Fails?

Bowditch & Dewey on

In 1998, Elizabeth died leaving a will that contained a trust for the benefit of her niece, Jean, for her life. Upon Jean’s death, the remaining trust assets were to pass to her other niece, Dorothy. Both Jean and Dorothy...more

Patton Sullivan Brodehl LLP

Strict Notice Is A Must To Trigger Deadlines For Will Contests

It is a standard requirement in Probate Court disputes that the parties strictly adhere to the rules regarding notice of relief sought to all potential heirs and beneficiaries. The recent decision of Bailey v. Bailey...more

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