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Estate & Probate Litigation Archives

What If There's No Will? | Get Inheritance Rights in Writing

What if There's No Will? | Get Inheritance Rights in RightingNow this happens all the time. Uncle Buster tells you that you're going to inherit his house. Now you love Uncle Buster, and you want him to live to a ripe old age. But you know in your heart that when Uncle Buster dies you are going to inherit his house. Uncle Buster let a few other relatives and neighbors know that he was eventually going to give you the house.

Stopping Estate Theft | LA Probate Litigation Attorney

Los Angeles Trust Estate Theft Attorney | Probate LitigationWe learn by stories. Given our law firm's position and commitment to LA estate, trust and elder financial abuse litigation, we hear lots of stories - stories that many times develop new chapters in Los Angeles County Superior Court. While I can't reveal attorney client communications, I can take literary license to depict issues of estate theft and wrongdoing that we regularly litigate. In this spirit, let's go back to June 2016.

It Starts Here Podcast: Ep. 8 | Dan Collins on Receivership

It Starts Here Podcast: Ep. 8 | Dan Collins on ReceivershipMH: Hello, I'm Mike Hackard. I'm the chair of Hackard Law. A law firm focusing on estate, trust, and elder financial abuse litigation in California's major urban areas. This is Hackard Law's podcast It Starts Here. This is an October 2017 podcast featuring Dan Collins, a well-experienced California receiver. We're going to discuss how a receiver can help clean up very messy family business situations both inside and outside of an estate. Dan has stories to tell and lessons for all of us to learn. I first want to compliment him on his outfit, you know, the blue, and it's just standing out... I don't know how you came up with it. But in any event, thanks for being here, Dan.

Joint Accounts | Do They Belong to the Estate or Co-Signer?

Estate Litigation Joint Accounts.jpgWhen "an elderly person with a joint bank account dies, do the funds belong to the decedent's estate or do they belong to the additional signer as a co-owner of the account?" A recent California Court of Appeal case held that "[s]ums remaining on deposit at the death of a party to a joint account belong to the surviving party . . . as against the estate of the decedent unless there is clear and convincing evidence of a different intent."[1] This is a basic or black-letter rule, a clear statement of the law. It is also a trap for those inclined to seize upon a seemingly clear explanation of the law that leaves no room for interpretation or nuance.

Safe Deposit Boxes in Estate Disputes | Trust Litigation

Safe Deposit Estate Trust Litigation.jpgAnxiety fueled by grief is a part of the inventory process of a decedent's property. A family member is tasked by practicality, family consensus, or an estate document to gather a decedent's assets. Some assets are obvious - a house, documented bank accounts and securities and onsite personal property. Other assets are more opaque - physically separated in a financial institution safe deposit box or a house or office safe.

The Wolf at the Door: Ep. 19 | Basics of Estate Litigation Strategy

The Wolf at the Door: Ep. 19 | Basics of Estate Litigation StrategyHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book is now available for purchase on Amazon.com. This is episode 19, where I cover the basics of litigation strategy in estate and trust disputes.

CA Estate & Trust Litigation Battles | A House Divided

A House Divided Estate Trust Litigation.jpg"And if a house is divided against itself, that house will not be able to stand." [1] This scriptural passage (Mark 3:25) is the origin of Abraham Lincoln's 1858 "House Divided" speech, an iconic observation about our nation's deep divisions over the subject of slavery.

The Wolf at the Door: Ep. 13 | Someone Took Your Parents' House

The Wolf at the Door Ep. 13 | Someone Took Your Parents' HouseHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book will come out in early autumn. This is episode 13, where I briefly discuss the wrongful taking of an elder's home - a common occurrence in disputed estates.

It Starts Here Podcast | Ep. 4: Dan Collins on Complex Estates

It Starts Here Podcast Ep. 4 | Dan Collins on Complex EstatesMH: Hello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust, and elder financial abuse litigation in California's major urban areas. This is Hackard Law's podcast, It Starts Here. This is an August 2017 podcast featuring Dan Collins, a well experienced and unique fiduciary broker. We are going to discuss how trustees can fulfill their fiduciary duties in managing, leasing, financing, and disposition of real estate. Dan is very well qualified to speak to these issues. So, Dan, welcome.

It Starts Here Podcast | Ep. 2: Dave Jones on Undue Influence

Dave Jones on Undue Influence | Hackard Law Podcast It Starts Here

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