For centuries, serious legal scholars have debated what is possibly the most vital question of our times: in what ways, if any, does our judicial system differ from basketball? Now…
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It’s the Halloween season, a time when most of us spend a more-than-reasonable amount of time focusing on the spookier side of things: ghosts, goblins, small children dressed like jack-o-lanterns…
You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not…
A Handoff After 200 Posts
Tyson Hubbard and I launched this blog in November 2015, and today’s post will be number 200. As the years have passed, my colleagues and I have written about new…
There are a few standard questions I almost always get when people find out that I work in probate litigation. “Do people call you right away when their relatives die?” …
Aretha Franklin Makes Us “Think” About Handwritten Wills
Earlier this month, a Michigan jury considered whether handwriting in a spiral notebook found under a couch cushion at singer Aretha Franklin’s home constituted her valid last will. Franklin had…
Dementia Causes Uneasy Balance Between Freedom and Protection
Independence Day invites reflection on another form of freedom. How do we respect the autonomy of California’s elders who experience progressive forms of dementia while protecting them from potential abuse…
Typewritten wills in California generally require the signatures of two witnesses to be found valid, but the harmless error rule can save the day. Probate Code section 6110(c)(2), as…
We’ve been your dogged reporter on the ever-growing logjam in the Courts of Appeal on trust modification procedure. We’ve followed the twists and turns that courts have taken as they’ve…
How Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?
We often see siblings litigate in California over the allocation of tangible personal property held in the family trust. When Mom and Dad have passed, the tug of war may…
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About this Blog
Welcome to our trust and estate litigation blog. Inheritance disputes are on the rise nationally as the baby boomers age and wealth passes from one generation to the next. This is high-stress litigation, often pitting sibling against sibling or second spouse against step-children.