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Estate & Probate Litigation Archives

Guardianship Accountability Act of 2019 | Rick Black's Recommendations

Guardianship Accountability ActRick Black, Executive Director - CEAR, is one of America's leading activists and commentators spotlighting the abusive practices in the conservatorship, guardianship and trust industries.

California Inheritance Blog | Over 500 Answers

California Inheritance Law Blog.jpgInheritance can be confusing. People may inherit assets by wills, trusts, insurance policies, intestacy (no will), paid on death accounts, joint tenancy and a number of other legal devices.

Inheritance Lawyers Help | Just a Phone Call Away

Inheritance Lawyer California.jpgInheritance can be baffling. If inheritance means to receive property upon the death of an owner either by will, trust, contract or operation of law by the heir to estate, rights, and liabilities of a decedent, the definition itself leaves enormous areas for questioning.

Lisa Marie Presley | Elvis Estate Heartbreak

Elvis Estate Lisa Marie Presley.jpgDespite rumors and numerous alleged sightings, Elvis Presley, the King of Rock N Roll, died in 1977. At the time of his death, Elvis' only daughter, Lisa Marie, was only 9 years old, but she became the heir to his estate, worth in 1977 a relatively modest $5 million. It would have been much more but for Elvis' penchant for bad business deals and a life of excess.

Undue Influence | The Danger of Deathbed Transfers

Undue Influence | The Danger of Deathbed TransfersThere's a reason that deathbed transfers of estate or trust assets are more likely to be contested. And the story you're about to hear just provides further confirmation. Eleanor Potter was 89 when she died in 2015 at her residence in Maine. By all accounts, she led a good life. She was married for 41 years to Newell Potter, the owner of a local furniture store in Maine, and though they had no children, the Potters enjoyed a wide circle of friends. Eleanor worked at IBM for 40 years, she was active in local civic organizations, the couple traveled extensively, and she and her husband collected art and antiques.

Recommendations from a Litigator to California Attorney Estate Planners

Guidelines for Attorneys on Elder Financial Abuse.jpgAt Hackard Law, we do California estate, trust and elder financial abuse litigation. Our practice experience includes circumstances where it seems that estate planning lawyers haven't really done their job. The few examples below are collected from real world experience and changed to protect the privacy of the parties involved.

California Estate and Trust Houses Draw Real Estate Agents' Focus

Trust Estate Houses Litigation.jpgAtherton, our nation's most expensive ZIP code, is in the heart of the California Bay Area. Atherton's median price for a single-family home in the first half of 2019 was $8.1 million. Real estate agents and brokers who handle these sales have plenty of reason to celebrate when an escrow closes. While Atherton house values are setting records the rest of the Bay Area housing market also have significant values. Median home prices for June, 2019 were $1,549,000 (San Mateo), $1,250,000 (Santa Clara), $926,000 (Alameda), and $665,000 (Contra Costa). When it comes to estate and trust transfers these high house values have significant repercussions.

Anthony Bourdain's Estate | Pitfalls in the Will

Anthony Bourdain Estate Trust.jpg

Trust & Estate Litigation | From A to Z

Trust Estate Litigation A to Z Guide.jpgIt's been over 40 years since I first represented clients in a will contest. A lot has changed over the years in estate litigation on behalf of beneficiaries. We now have elder financial abuse laws that can be enforced in jury trials. These newer laws often supplement the rights and remedies available from probate courts and allow the prosecution of some claims in the civil trial courts.

What is an Estate? | It Pays for You to Know

What is an Estate Trust Assets.jpg"What is an Estate?" This question, while appearing simple on its face, generates a few other questions. The word is used in so many contexts - estate planning, estate trust, testate estate, intestate estate, estate accounts, estate homes, estate personal representatives, estate administrators and estate executors. So, let's start with its meaning within the context of a probate estate. An estate is testate if the person has a will at the time of death and intestate if the person died without a will.

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