probate litigation Archives - Kevin J. Moore & Associates

News

Posts Tagged ‘probate litigation’

Protect Your Inheritance: How Probate Litigation Can Defend Your Rights as a Beneficiary

Kevin J. Moore - probate litigation

One of the most responsible and loving gifts a parent or spouse can provide is an estate plan that clearly articulates the distribution of assets after their death. A solid estate plan can eliminate the probate process, protect wealth, minimize or eliminate taxes, and deliver financial security for generations to come. The wishes of the deceased are assessed, addressed through estate planning, often utilizing trusts. Without a plan, all assets and debts must […]

Read More

Proving Undue Influence in Probate Court

Let’s talk about elder financial abuse and undue influence, and let’s start with a hypothetical scenario. Bill is an only child. Upon his father’s death, he learns that his dad’s last will leaves a third of his estate to a woman called Leeanne. Bill is stunned. His father had long been telling him that he is his sole heir. And as for Leeanne — yes, she entertained his dad by […]

Read More

Interpreting the California Probate Code: Are Double Damages the Same as Punitive Damages? Does It Matter?

Are double damages under Probate Code Section 859 tantamount to punitive damages? No, not according to an opinion that the Alameda Court of Appeals recently published. Why does it matter? Because the ruling and the legal strategies leading up to the decision hold valuable lessons for almost anyone who has anything to inherit. The case in question, Hill v. Superior Court, shows not only how probate litigation can lead to […]

Read More

Trust Administration Is Your Friend

Kevin J. Moore - probate litigation

“You should avoid probate.” This is one the most common refrains you hear when you talk to a wills and trusts lawyer or financial advisor. In fact, they have done such a good job emphasizing the evils associated with the probate process that even sophisticated people mistakenly believe that, once they set up a trust or estate plan, they don’t have to do anything else once someone passes When done […]

Read More