A recent California Court of Appeal decision, Carne v. Worthington (4/13/16), shows how disputes over trusts can happen if one is not careful in executing and recording property deeds to transfer property into a trust. Had the decedent merely recorded the proper deed his estate could have saved years of litigation time and tens of thousands in litigation costs.
This case involved a dispute over the ownership of real property located on Via Regla formerly owned by decedent
We have had two cases in the last couple of years where one of the attorneys from our office had to spend days sitting with the disputing relatives in estate cases while they took turns going through personal property and effects of their relative.
Not only was this emotional for the parties but costly from a legal fee standpoint. The parties required it since without cousel present, it could not be accomplished for a variety of reasons.
A recent New York Times article b
Many clients understand the concept of going to court or "suing" someone, and that a lawsuit can result in a trial before a judge or jury. However, not as many know that (i) in probate courts, which hear all estate and trust disputes, there is no jury, and (ii) there is a strong preference among the probate court judges that the parties attempt to mediate a matter before a trial will be scheduled. What is mediation? Well, in a non-legal sense any negotiation between two peop
The California Senate recently approved a bill which would, if approved by the Assembly and Governor, make it legal for a physician to participate in the end of their patients life.
If you read the actual text of the Bill, its quite a list of requirements which the treating physician must meet. Regardless of where you come out on this issue, it is an example of how a decision can have multiple levels of legal ramifications.
We will see if this goes any further.