
What Property Is Not Subject to Probate?
Many people assume that all assets must go through probate when a loved one passes away, but that’s not the case. Some types of property transfer directly to heirs or beneficiaries without the need for court involvement. Understanding which assets bypass probate can help you plan your estate efficiently and ensure a...
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Planning for Probate or Probate Avoidance
For many, estate planning often comes with a primary objective: "avoid probate." This goal arises from various sources, including advertisements, seminars, books, articles, and personal experiences that emphasize the perceived drawbacks of probate administration. But what does probate really entail, and how can it be managed or avoided effectively?
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Understanding Intestate Succession: Who Inherits the Decedent’s Estate in California
When someone passes away without a will, their estate is distributed according to the laws of intestate succession in California. At OC Trial Group, APC, we provide clarity on how intestate succession determines inheritance and beneficiaries. Here’s an overview of what happens when there is no will:
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Understanding Probate Requirements for Surviving Spouses in California
Navigating probate requirements can be daunting, especially after the loss of a spouse. At OC Trial Group, APC, we provide clarity on whether a surviving spouse needs to go through probate in California and explain the spousal election procedure. Here’s what you need to know:
Does a...
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How To Get Double Damages Under Probate Code § 859
When handling your estate, it’s important to understand how to protect your rights. If you’ve suffered financial wrongdoing, California Probate Code § 859 can help. It allows you to claim double the damages if you win a case against someone who wrongfully takes or hides estate property.
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Signs of Undue Influence in Elderly Probate Cases: Insights from Probate Litigation Attorneys
California probate cases can be complex and sensitive, often involving disputes over the distribution of assets and the validity of a deceased individual’s trust or will. In some instances, undue influence can play a significant role, particularly when vulnerable older adults are coerced or manipulated into making decisions that are not in...
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