Posted on October 26, 2016 by Robert Denham, Esq
So you have a money judgment, but the debtor dies before you can collect. Never mind. You still have a judgment lien on the debtor’s estate. Right? Continue reading
Filed under: Appeals/Post-Trial Matters, Business Law, Estate Planning, Legal Topics, Litigation Strategy, New Legal Developments | Tagged: creditor, death of debtor, debtor, debtor's estate, enforcing a judgment, judgment lien, money judgment, probate | 4 Comments »
Posted on December 14, 2015 by Robert Denham, Esq
Probate avoidance is a primary consideration for estate planners and their clients. A revocable trust is usually the vehicle of choice for making nonprobate transfers, but alternatives have always existed for personal property such as cash in the bank, retirement plan benefits, and brokerage accounts. For real property, no such vehicle existed. Until January 1, 2016, that is. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, New Legal Developments | Tagged: avoiding probate, probate, recovable trusts, revocable transfer on death deeds | Leave a comment »
Posted on March 23, 2015 by CEB
As part of CEB’s commitment to bringing together California’s legal community, here’s a short interview with one of your fellow attorneys, Agnieszka Adams:
CEB: What is your practice area and how did you choose it?
Agnieszka: I practice exclusively in the area of trusts and estates. My practice includes estate planning, probate, and trust administration. Our firm doesn’t, however, represent clients in trust and estate litigation matters. My interest in this field started in law school. I chose a tax concentration while at UC Hastings (I knew I wasn’t going to be a litigator). When I began practice, I was fortunate to work at a full service law firm where I was given the opportunity to explore various practice groups. I quickly realized that trusts and estates was the area in which I wanted to specialize.
CEB: What do you like best and least about practicing law? Continue reading
Filed under: Estate Planning, Legal Topics, Profiles | Tagged: Estate Planning, probate, trust administration | 1 Comment »
Posted on November 15, 2013 by Robert Denham, Esq
Ever since the graduated probate fee was declared unconstitutional in Estate of Claeyssens (2008) 161 CA4th 465, the legislature has been nickel-and-diming estate planners and their clients with filing fees. Now we have to deal with multiple fees for lodging wills, which used to be free. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: court fees, executor, filing fee, lodging a will, probate, wills | Leave a comment »
Posted on October 12, 2011 by Julie Brook, Esq.
The late Apple co-founder Steve Jobs was known to be a very private person, and it appears that he has taken steps to preserve his privacy even in death. As do many entertainers and wealthy people, it appears that Jobs took advantage of California revocable trusts to prevent the publicity involved in probate. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, Real Property Law | Tagged: death, drafting recovable trust, estate, privacy, probate, property, revocable trust, Steve Jobs, trust | 1 Comment »
Posted on September 9, 2011 by Julie Brook, Esq.
Question: You file a breach of contract suit and begin negotiating with the defendant. You agree on a settlement, but the defendant dies before actually signing the settlement agreement. The defendant’s beneficiaries won’t be opening a probate, because there is less than $100k in assets. Under California law, what do you do?
And the answer is…
Filed under: Business Law, Civil Litigation, Estate Planning, Legal Topics | Tagged: breach of contract, decedent's estate, litigant's death, probate | Leave a comment »