Planning for Special Needs Children Presented by: Jeremiah Raxter, Esq, Principal Attorney, Raxter Law Location: Workshop Area Many children with special needs rely on public funding for their support, like Medicaid for health insurance and Supplemental Security Income (SSI) for monthly income. Learn how to set up your estate plan correctly to protect your child’s eligibility...
The California probate trial process is a legal procedure used to settle disputes over the estate of a deceased person. When someone passes away, their assets and liabilities are usually distributed to their heirs or beneficiaries according to their will or trust. However, if there are disagreements between family members or other interested parties, a probate trial may be necessary to resolve these disputes. Probate trials are generally conducted in California's superior courts, and they can be initiated by anyone who has a stake in the deceased person's estate. This could include family members, creditors, or other interested parties. The trial process can be lengthy and complex, and it is generally recommended to hire an experienced probate attorney to navigate the legal system. During a probate trial, the court will review evidence and arguments presented by both sides and make a ruling on how the estate should be distributed. This can include determining the validity of a will or trust, deciding who should inherit specific assets, or resolving disputes over debts or taxes owed by the estate. One common issue that may arise during a California probate trial is a challenge to the validity of a will or trust. This could occur if a family member believes that the deceased person was unduly influenced or coerced into signing the document, or if there are questions about the mental capacity of the deceased person at the time the will or trust was created. Another issue that can come up is a dispute over the distribution of assets. For example, if one heir believes they are entitled to a larger portion of the estate than other heirs, a probate trial may be necessary to determine the appropriate distribution. In some cases, a probate trial may also be needed to resolve tax issues related to the estate. This could include disputes over the value of certain assets or questions about how much tax is owed to the government. Overall, the California probate trial process can be complex and time-consuming, but it is an important tool for resolving disputes over the distribution of a deceased person's estate. If you are facing a probate trial in California, it is crucial to work with an experienced attorney who can help guide you through the process and protect your interests.
Edit Column California Probate Code 16061.8, also known as the “Trustee’s Duty to Notify Beneficiaries,” is a crucial provision in California trust law that requires trustees to provide notice to beneficiaries when there is a change in the trust or a distribution is made
The Alzheimer’s Association is a great resource on different financial resources to help cover the costs of care. In order to qualify for certain programs you may need to discuss, amend, or properly plan your estate. If you need assistance with planning your estate or have questions on how best to qualify for the benefits...
Our office can assist you with evictions. We only represent Landlords and Property Owners. Give us a call at 951-226-5294 or send us an email at office@raxterlaw.com
Estate Planning: Answering Common Questions of Seniors According to a study conducted by Caring.com, the percentage of people aged fifty-five and older who have created a will has fallen from 60 percent to 44 percent since 2019.[1] Although creating or updating your estate planning may seem like a daunting task, a proper estate plan can...
The Access Pass, part of the America the Beautiful – National Parks and Federal Recreational Lands Pass Series, is available free for US citizens or permanent residents with permanent disabilities. The Access Pass may be issued to U.S. citizens or permanent residents of any age that have been medically determined to have a permanent disability (does not...
Did you know that the BEP provides currency readers, free of charge, to all eligible blind and visually impaired U.S. citizens and national residents? All you need to do is complete this form.
The California Appellate Court recently dealt with the issue when a party filed a lawsuit to set aside a trust based on forgery. Once the Court ruled that no forgery occurred the Court then levied attorney fees and costs against the party that brought the forgery case. The Court issued a very substantial attorney fees...
Generally, California law clearly states that if an individual is driving a vehicle to perform work duties or to do something for his/her employer, then the driver’s employer is liable for any injuries resulting from a car accident where the employee was at fault. However, the First District of California recently decided an employer was not...
