Category: Divorce

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No Bad Faith Required – Trustee of Spendthrift Trust May Be Compelled to Pay Attorney Fees Under Family Code Section 2030

Section 2030 of California’s Family Code provides an important safeguard to ensure the fairness of marriage dissolution proceedings. It allows the Court to order a more financially well-off party to pay some or all of the other party’s attorney fees, beginning as early as the start of the proceedings. Section 2030 was enacted to put … Continue Reading

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

(Editor’s Note: The Court of Appeal granted rehearing on December 2, 2019 and later depublished the portion of its opinion discussed below such that it is no longer citable authority in California courts.) It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  … Continue Reading

Stepmother vs. Stepchild, Now Playing in a California Probate Court Near You

Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies.  With about half of all marriages ending in divorce, there are many stepmother/stepchild relationships.  Mostly they work out fine, but some go south. After blogging on sibling conflicts as a driver of trust and estate disputes, … Continue Reading
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