California Probate Code

THE ATTORNEY'S CORNER: PERSONS DISQUALIFIED FROM RECEIVING GIFTS

 

“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By: Stephen C. Ross, Esq.

March 9, 2015 (San Diego County) – The California Probate Code invalidates gifts to certain categories of people unless one of the exceptions applies. The Code mentions categories of people, considered “disqualified persons,” who are presumed to be disqualified from receiving donative transfers (written gifts).


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THE ATTORNEY'S CORNER: CONTESTING A WILL

 

“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By: Stephen C. Ross, Esq.

November 29, 2014 (San Diego County) – A "will contest" challenges the validity of a document alleged to be decedent's last will or a codicil to the will. A "contest" may occur either before or after the will is admitted to probate. In the first instance, the challenge is an attempt to preclude admission of the will to probate. In the latter instance, the challenge seeks to revoke probate of the will.


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THE ATTORNEY'S CORNER: PROBATE "SPECIAL ADMINISTRATION"

 

“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By Stephen C. Ross, Esq.

August 8, 2014 (San Diego County) – The main purpose of a “special administration” in probate is to give a specific person or entity the power to act on behalf of the estate on a temporary basis when no other person is authorized to do so. The California Probate Code provides broad authorization for appointment of a special administrator “if the circumstances of the estate require the immediate appointment of a personal representative . . . .”


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THE ATTORNEY'S CODE: WHO CAN PROBATE AN ESTATE?

 

By Stephen C. Ross, Esq.

February 19, 2014 (San Diego County) – Probate is a court-supervised process whereby a decedent’s (deceased person) real and/or personal property is located, its value determined, his or her final bills and taxes paid (if any) and any remaining assets are distributed to his or her beneficiaries and/or heirs.


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