I am not an expert on Zen Buddhism. However, even if I had spent decades of my life studying its tenets (instead of, for example, baseball stats from the 1920’s…
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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?” …
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…
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…
Financial powers of attorney give the named agent broad control over the principal’s assets and thus are a key component of estate planning. Such powers allow the agent to help…

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court
Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to…
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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.