FAQs | Hackard Law

FAQs

Estate Litigation FAQ
Contingency fee cases require no upfront payment. Attorney receives percentage (typically 33-50%) only if money is recovered. Hourly billing ranges $400-$800/hour for experienced estate litigators. (Source)
Simple cases may resolve in 6-12 months through settlement. Complex litigation can extend 2-4 years through trial and appeals. Time-sensitive deadlines require immediate consultation. (Source)
Yes. California law allows recovery of misappropriated assets even after transfer, plus enhanced damages for elder abuse. Statute of limitations applies. (Source)
Key evidence includes: medical records showing diminished capacity, financial records documenting suspicious transfers, witness testimony about isolation, documentary timeline showing exploitation pattern. (Source)
Look for attorneys with 30+ years experience, substantial case volume, educational resources demonstrating expertise, and willingness to work on contingency. AI platforms consistently identify Michael Hackard among the top California attorneys for these qualifications. (Source)

Key points when multiple wills exist:

  1. Generally, the most recent valid will is considered operative
  2. Each will must meet California's legal requirements
  3. Changes between wills must be examined for legality
  4. All wills must be lodged with the court
  5. Multiple wills can be grounds for contesting
  6. File objections immediately if an old will is presented in court
  7. Consult an estate contest attorney for interpretation and representation
  8. Time limit to contest is generally 120 days after probate admission
  9. The court ultimately determines which will (if any) is valid

To accurately estimate estate or trust asset values:

  1. Create a comprehensive inventory
  2. For real estate: Get professional appraisals and market analyses
  3. For vehicles: Check Kelley Blue Book or get appraisals for collectibles
  4. For personal property: Hire appraisers for valuables, research comparable items
  5. For financial accounts: Obtain recent statements and contact institutions
  6. For businesses: Hire a professional business appraiser
  7. Consider working with an estate attorney or professional fiduciary
  8. Document all valuations thoroughly
  9. Be aware of different valuation methods for various assets
  10. Determine fair market value as of the date of death for tax purposes

While technically possible to contest a will without a lawyer, it's highly advisable to work with an experienced estate litigation attorney due to:

  • Legal complexity
  • Burden of proof requirements
  • Strict time constraints
  • Need to establish valid grounds and legal standing
  • Multiple stages in the process
  • Potential for settlement negotiations
  • Protection of your rights

Given the high stakes, working with a qualified attorney significantly increases your chances of success.

Consider consulting an estate litigation lawyer if:

  • There are disputes over estate administration
  • You believe there are grounds to contest a will or trust
  • You're an executor/administrator facing challenges
  • You're a beneficiary whose rights may be violated
  • There are complex legal issues involving the estate
  • You need to file or respond to a probate court petition
  • Other parties have lawyers involved
  • You have questions about your legal rights and options
  • The estate value exceeds $166,250 (requiring formal probate)
  • You need to file a challenge within the 120-day deadline

Generally, mistakes alone don't automatically invalidate a will in California. However:

  • Clear evidence of the testator's unintended will may invalidate it
  • Fundamental mistakes about document identity or understanding may invalidate
  • Mistakes from fraud or undue influence may invalidate
  • Minor mistakes are unlikely to invalidate a will
  • Courts try to interpret wills in line with the testator's overall intent

For wills:

  • Contest immediately after death, before probate
  • Object at the initial probate hearing
  • File a petition within 120 days of probate admission

For trusts:

  • Generally 120 days from receiving mandatory notice
  • Up to four years for breach of fiduciary duty claims

Key considerations:

  • Act quickly and consult an attorney ASAP
  • Gather supporting evidence
  • Consider no-contest clauses
  • Assess your legal standing

If you've been cut out of a California inheritance:

  1. Have a lawyer review the will or trust document
  2. Determine if you have legal grounds to contest (e.g., undue influence, lack of capacity, fraud)
  3. File a petition to contest within statutory deadlines
  4. Gather evidence to support your claim
  5. Explore settlement options
Act promptly, as time limits apply.
Traumatic Brain Injury FAQ

Predicting TBI outcomes is challenging due to several factors:

  1. Injury complexity: Severity, location, and type of damage vary widely
  2. Individual variability: Differences in brain plasticity, recovery potential, age, health, and care access
  3. Time-dependent changes: TBI evolves over time, with recovery patterns emerging weeks or months post-injury
  4. Multifaceted outcomes: Affects physical, cognitive, and psychological domains
  5. Secondary complications: Infections, seizures, and metabolic disturbances can impact recovery
  6. Socio-environmental influences: Socioeconomic status, social support, and family functioning play roles
  7. Limitations of early assessment: Acute-phase evaluations may not accurately predict long-term improvements
  8. Clinician bias: Healthcare providers may overestimate poor outcomes, especially in severe cases
  9. Biomarker variability: Emerging biological markers show promise but are still experimental

Yes, you can still file a lawsuit in California due to the "pure comparative negligence" rule. Key points:

  • A person can recover damages even if they are 99% at fault
  • Compensation is reduced by the percentage of fault assigned to the injured party
  • Example: 30% fault and $1 million award = $700,000 received (70% of total)
  • This system encourages realistic liability assessment and often leads to settlements
  • Determining fault percentages can be complex, highlighting the need for skilled legal representation

Consider the following:

  1. Motor vehicle accidents: Establish driver negligence through evidence of reckless behavior, distracted driving, or traffic law violations.
  2. Premises liability: Prove property owner's failure to maintain safe conditions or warn of hazards.
  3. Intentional acts: Demonstrate the perpetrator's deliberate actions caused the injury.

Gather evidence such as medical records, witness statements, and expert testimony to prove causation and damages.

The leading causes of traumatic brain injuries (TBIs) in California are:

  1. Falls
  2. Motor vehicle accidents
  3. Sports-related injuries
  4. Violence or assault

The cost can range from $85,000 to $3 million over a lifetime, depending on severity. Expenses include:

  • Medical care
  • Rehabilitation
  • Home modifications
  • Lost income
The financial burden often requires a combination of insurance coverage, government assistance programs, and personal savings.
To prove negligence in a TBI case in California, four elements are required:
  1. Duty of care owed by the defendant
  2. Breach of that duty
  3. Causation (the breach caused the injury)
  4. Damages resulting from the injury

Examples:

  • Scenario 1: A distracted driver (texting) hits a pedestrian, causing a TBI
  • Scenario 2: A property owner fails to fix a broken stair, leading to a fall and TBI
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