Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work? Law & Order, I’m guessing.) For example, in
Trust on Trial
California Trust and Estate Litigation
Blog Authors
Latest from Trust on Trial
Didn’t Stick the Landing: Despite Legal Artistry, You Still Can’t Amend a Trust with an Electronic Signature
Regular readers of this blog have already noted my particular enthusiasm for creativity in legal arguments. I am not a judge (Hi Judge Galvin!), but if I were, I would be sorely tempted to pattern my unique brand of judicating…
Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. Tyler
This blog has previously mentioned the most common question we hear when people find out we work in probate litigation: “What can I do to make sure my family doesn’t fight over my property after I die?” Because I am a…
Haggerty v. Thornton Overcomes a Four-on-One Advantage and Scores a Slam Dunk for Trust Settlors
For centuries, serious legal scholars have debated what is possibly the most vital question of our times: in what ways, if any, does our judicial system differ from basketball? Now, thanks to the California Supreme Court’s recent decision in Haggerty…
The Roadrunner Always Wins: Hamilton v. Green and the Limits of Creativity
As a child, your parents, teachers, and/or some other adult influence probably sat you down and recounted Aesop’s classic fable, The Tortoise and the Hare. “Slow and steady wins the race,” they told you. The slow, methodical, and thoughtful tortoise would…
Experts Beware: Estate of Martino and a Zen Buddhist Approach to Intestate Succession
I am not an expert on Zen Buddhism. However, even if I had spent decades of my life studying its tenets (instead of, for example, baseball stats from the 1920’s), I would hesitate to call myself an expert because…
Spooked By Conflict: A Trustee’s Discretion Can Be the Scariest Thing of All
It’s the Halloween season, a time when most of us spend a more-than-reasonable amount of time focusing on the spookier side of things: ghosts, goblins, small children dressed like jack-o-lanterns, suspiciously foggy and cobwebbed mansion estates, etc.
Not me, though.…
A Risky Game: Can An Estate Representative Be Their Own Lawyer?
You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not by me – I first heard it on an episode…
A Handoff After 200 Posts
Tyson Hubbard and I launched this blog in November 2015, and today’s post will be number 200. As the years have passed, my colleagues and I have written about new California probate cases and legislation, and mused on perennial sources…
Armor Up! Protecting Your Estate Plan with a Human Touch
There are a few standard questions I almost always get when people find out that I work in probate litigation. “Do people call you right away when their relatives die?” “Isn’t that tough to deal with, emotionally?” And most frequently, “What can I…