The California Probate Court has jurisdiction over matters related to guardianship of minors and the termination of parental rights. In California, the process of terminating parental rights is governed by the Probate Code, which grants the Probate Court exclusive jurisdiction over these types of cases. To have a child declared free from the custody and...
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
Meet Ari Pereyra the Client Support Specialist (everyone wants a title). He shares an office with Jay Pereyra and the two can be found doing legal research on most days.
The Guide to Special Needs Trusts A special needs trust is a document you create to provide for a beneficiary who has a disability, chronic illness, or injury and relies on government assistance. The purpose of a special needs trust is to preserve current and future eligibility for two important government benefits such as Medicaid and/or Supplemental...
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...
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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...
