When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful. A person who acts in a representative capacity should be identified that way in the judgment – otherwise, the attorney may have to pursue a costly fix. A recent probate case from San … Continue Reading
If Dad bought a house solely in his name, can Stepmother claim a community property interest after Dad has died? Perhaps yes. The answer lies at tricky intersections of California probate law and family law. While family law governs spouses during their lifetimes and upon divorce, the death of one spouse complicates the picture. It … Continue Reading
As a trust litigation attorney in Sacramento, I often make or defend against allegations of undue influence in the context of a trust amendment that favors one beneficiary over another. In this setting, what is the proper role of a mental health expert, such as a forensic psychiatrist, with regard to evaluating undue influence? Last … Continue Reading
It’s early in the morning, you’ve only just started your first cup of coffee, and your first few sips of java have not yet percolated your brain into full gear. Suddenly, your cellphone vibrates, a call is coming. You do not recognize the number, but you answer anyway. Hello? You have just been provided notice … Continue Reading
At the start of trial recently in San Joaquin County Superior Court in Stockton, I sparred with opposing counsel over the role of the retained mental health experts with regard to testimony on undue influence. The contestant alleged that her brother unduly influenced their parents to disfavor her when they amended their trust. Sister retained … Continue Reading
When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful. A person who acts in a representative capacity should be identified that way in the judgment – otherwise, the attorney may have to pursue a costly fix. A recent probate case from San … Continue Reading