Trusted litigation services for protection of elders and their legacies
When a party denies a Request for Admission (RFA) and loses at trial, they might end up paying more than just court costs. Under California’s CCP § 2033.420, litigants can recover attorneys’ fees through cost of proof sanctions. This post explores how strategic use of RFAs can shift the financial burden in litigation—and highlights key cases where courts awarded fees for unjustified denials.
The California Court of Appeals has overturned a probate court decision that had favored an elderly man’s caregiver over the rightful trustee and beneficiary, his daughter. The case centers on the validity of trust amendments and the strategic use of lis pendens, i.e., constructive notice of a lawsuit that affects possession of real property. This ruling reinforces the need to protect clients, particularly vulnerable people, against undue influence, and ensure that there is a source for potential recovery with the procedural safeguards provided by a lis pendens. Clients can feel more secure knowing that the law presumes transfers to caregivers are scrutinized for potential fraud, and that beneficiaries have a stronger legal standing to challenge suspicious amendments to trusts.
California Assembly Bill 2016 went into effect on April 1, 2025, raising the threshold on the value of primary residences that can bypass the full probate process to $750,000. This is a substantial increase from the previous limit of $184,500 set in 2019, meaning many more primary residences are eligible for the simplified petition process. This is great news for many who will avoid the lengthy and costly full probate procedure. Still, it is no replacement for comprehensive estate planning.
The Estate Lawyers reports on positive imminent changes to California probate code which means more homes will be eligible for the simplified probate process. Still, this does not obviate the value of a solid trust.
Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native Canada, Robertson died in August 2023 at the age of 80 after living with prostate cancer for several years. His death triggered a legal battle over his estate, primarily between his three children from his first marriage, Alexandra, Delphine, and Sebastian Robertson, and his second wife, Janet Zuccarini. The children allege that Zuccarini financially abused Robertson to inherit a greater part of his estate, coercing him to sign documents that were against his intentions while his health and mental capacity were declining. Estate planners and attorneys can learn much from this unfortunate case.
We are proud to announce a confidential settlement in favor of our client, a family that was embroiled in estate litigation involving disputes over a considerable inheritance and allegations of incapacity. Our team rocked, making sure the heirs will receive hundreds...
A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was insufficient to execute this important task.
Probate litigation in California occurs when legal fights arise over dividing a person's belongings and assets after they pass away. When someone dies, their estate goes through a process called probate. This process is where a court ensures assets are distributed...
Hyatt Heirs’ $200M Home Owned by Trusts, Excluded from Divorce The Pritzker family, primarily known for the Hyatt Hotel chain valued at $15 billion, is one of the richest in the country. Eleven Pritzkers are billionaires and one is the governor of Illinois. They are also known for the prestigious Pritzker Prize in architecture. After more than 30 years of…
Divorce Need Not Ignite Estate Litigation, But Too Often It Does By Amy L. Gostanian and Carl Jones Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for expensive and counterproductive “scorched earth” litigation…