Section 731.105 of our Probate Code tells us that all probate matters are “in rem” proceedings. In my last post I wrote about two recent cases testing the outer limits of a probate court’s in rem jurisdictional authority.
The law of no-contest clauses in California has steadily eroded over the past decade.
First and second generation family business owners spend an inordinate amount of time focused on building and preserving their family legacy. This is hard, hard work.
In California, do the rules of civil procedure apply to probate matters? The short answer is yes.
Well, I am not sure how much new there is in this Washington Post article, “A Retirement Storm is Coming,” but I liked it nonetheless.
In contested probate and trust proceedings, if you hear the word “jurisdiction” being used as part of the litigation, it’s probably coming up in one of two basic contexts.
In two recent cases, taxpayers have successfully challenged state taxation of trust income on the basis that the taxing states had a minimal connection to the trust.
In California, Trustees are required to give notice when a Trust becomes irrevocable or there is a change of Trustee.