Moravec Varga & Mooney

Short Answer Probation and parole both fall under community supervision in California, but they sit on opposite ends of a criminal sentence. Probation lets a judge suspend jail or prison time so an offender serves their sentence under court-ordered supervision instead of incarceration. Parole, by contrast, is supervised release granted after an inmate has already served a portion of a prison sentence, overseen by the California Department of Corrections and Rehabilitation (CD

Short Answer In California, a probation violation can lead to serious consequences, including jail or prison. Whether you go to jail for a first probation violation depends on the type of violation, your criminal record, and the judge’s discretion. Courts may impose probation modification, probation reinstatement, or probation revocation, which can result in a county jail sentence or even a California State Prison term. Introduction: Understanding Probation Risks Probation in

Short Answer If you cannot afford hourly attorney fees or a large retainer, a contingency fee may make it possible to pursue a California probate litigation or trust litigation claim. Under a contingency fee arrangement, attorney’s fees are generally paid from a successful recovery rather than paid in advance. However, not every case qualifies, and clients may still be responsible for litigation costs. When an Inheritance Is Being Withheld An inheritance should not disappear

Short answer You can usually pay for California trust litigation through a traditional hourly retainer, a contingency fee, or a customized fee arrangement. The right fee structure depends on the legal merit of the case, the value and accessibility of trust assets, expected litigation costs, and the likelihood of recovery through settlement or trial. Why trust litigation costs vary Trust disputes can involve contested accountings, trustee removal, breach of fiduciary duty, und

Short Answer: California Probate Code §10810 sets statutory (percentage-based) attorney fees calculated on the gross estate value, not what's left after debts. Some attorneys offer flat fees for straightforward or summary probate cases. Understanding which structure applies to your estate can mean a difference of tens of thousands of dollars. Introduction: The Bill Nobody Sees Coming Probate surprises families every day, not because the process is secret, but because the cost

Short Answer: Yes. Even if your California primary residence qualifies for the new $750,000 simplified transfer procedure under AB 2016, a trust still provides broader protection for your full estate, your privacy, your family's future, and assets that the new law simply does not cover. What the New $750,000 Procedure Actually Does California's Assembly Bill 2016 took effect on April 1, 2025, and it changed the rules around the simplified probate process for primary residence

Short Answer In California probate, no heir, friend, caregiver, tenant, or other occupant automatically gains the right to stay in a probate property after the owner's death unless that person has a valid lease, legal ownership, or lawful permission from the personal representative acting with proper legal authority. If someone is occupying the home without permission, the estate representative may need a formal notice, an unlawful detainer action, a court order, a writ of po

Short Answer If a trust, will, or estate dispute has started after the death of a loved one, speak with a California probate litigation lawyer as early as possible. Probate and trust litigation may involve a contested will, trustee misconduct, executor misconduct, undue influence, duress, financial mismanagement, disputes over trust terms, or questions about a decedent’s intent. Moravec Varga & Mooney handles California Probate, Trusts & Wills, Trust Administration, Medi-Cal

Short Answer Under Probate Code 17211, a California court may order attorney’s fees, costs, expenses, and compensation against a beneficiary or trustee in a trust accounting dispute. If a beneficiary contests the trustee’s account without reasonable cause and in bad faith, the contestant may be charged through the beneficiary’s trust interest and may become personally liable for any unsatisfied amount. If the trustee’s opposition to the contest is without reasonable cause and

Short Answer A step-up in basis can reduce or eliminate capital gains taxes when heirs sell an inherited home, real estate, stocks, ETFs, mutual funds, a brokerage account, or certain business interests after an owner dies. For tax purposes, the cost basis usually changes from the original purchase price to the fair market value on the date of death. As a result, the beneficiary may owe tax only on appreciation after death, not decades of asset appreciation during the parents

Short Answer When Mom’s house goes through California probate, the property does not automatically belong to the children, the surviving spouse, or the person named in a will. Instead, the Superior Court in the proper county opens a court-supervised process to identify the deceased person’s assets, appoint an executor, administrator, or other personal representative, confirm debts and creditor claims, determine the proper property distribution, and authorize the final title t

Short Answer In California, death does not erase every bill, but it also does not make every family member personally liable. Most outstanding bills, medical bills, credit card bills, taxes, mortgage payments, loan payments, utilities, and other financial obligations belong to the deceased estate, not automatically to the grieving family. The CFPB states that survivors are generally not responsible for a deceased person’s debt unless they shared legal responsibility, such as

Short Answer Yes. In California, one sibling can often force the sale of an inherited California home if the siblings are co-owners and no valid agreement, trust provision, settlement, or waiver blocks partition. The usual legal process is a partition action, where the court decides whether the inherited property should be physically divided, bought out, or sold through a court-ordered sale. However, the result depends on ownership interests, legal requirements, any written t

Short Answer If the inherited home qualifies under California’s $750K probate threshold, heirs may be able to use a simplified probate process instead of a full standard probate. However, the right path depends on whether probate has started, whether the property was held in a living trust, whether multiple heirs agree, and whether the inherited property has liens, unpaid property taxes, debt, repairs, or title issues. Introduction Selling an inherited home in California prob

Short Answer No, not always. In California, a $750,000 home may avoid a full probate case if it was the decedent’s primary residence, the decedent died on or after April 1 2025, and the estate qualifies for the streamlined process created by Assembly Bill 2016. The proper court filing is usually a Petition to Determine Succession to Primary Residence, and California Courts identifies this procedure under Probate Code sections 13151-13154 for a main home that meets the applica