CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

What is California Probate? Supervising Judge of Los Angeles Probate Department Knows the Answer

For those looking to learn information about California Probate Court, Supervising Judge Aviva Bobb of the Los Angeles Probate Court gives real life examples of the practice of probate in her jurisdiction. Probate cases include living trust proceedings, conservatorships, guardianship, estate distribution, minors’ compromise, elder abuse restraining orders, petitions to authorize medical treatment and tuberculosis-detention [...]

San Diego, California Conservatorship: Conservator of the Person, and Conservator of the Estate

A California conservatorship, or probate conservatorship, may be brought on behalf of a person, an estate, or both. The person appointed is called the conservator. Conservatorship of the Person: A conservatorship for a person (called the conservatee) is proper where that person is unable to properly provide for his or her personal needs for physical [...]

California Probate Court Upholds Donative Transfer to Friend Who Drafted Will

The general rule, discussed in detail below, is that a gift or donative transfer in a will to the drafter of the instrument is void, unless the drafter is related by blood, marriage, or is a cohabitant with the testator, or the instrument is granted an independent certificate of review by an attorney. California Probate [...]

Disinheritance Provisions – California Will Drafting That Restrains Marriage

As highlighted in a recent Wills, Trusts, and Estates Prof post, parties to a lawsuit in Illinois are disputing a provision contained in a will described as the “Jewish clause.” The deceased “expressed his wish to disinherit any descendant “who married outside the Jewish faith.” Two grandchildren married outside the Jewish faith, and contested the [...]

Charitable Contributions and Undue Influence

“[T]here are no instances where men are so easily imposed upon as at the time of their dying, under pretense of charity . . .” 73 Brook. L. Rev. 579. Thus begins Jeffrey G. Sherman’s law review article titled “Can Religious Influence Ever be Undue Influence.” The article continues “[t]he Lord Chancellor’s quoted remark about [...]

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