A prescriptive easement and an easement by necessity can both give someone the right to use property they do not own, but California courts recognize them for very different reasons. A prescriptive easement generally arises from open, continuous, and adverse use of another person’s property for at least five years, while an...
Trust Funding: The Most Commonly Skipped (and Costly) Step
Creating a revocable living trust is only part of the estate planning process. Funding the trust means transferring appropriate assets into the trust's ownership or otherwise arranging them so the trust can control them as intended. If that step is skipped, assets left outside the trust may still require probate, and...
What to Know About the Probate Litigation Process
Probate litigation is the legal process used to resolve disputes involving a deceased person's estate, will, or trust. In California, probate litigation may arise when beneficiaries, heirs, executors, or trustees disagree about the validity of estate planning documents or how an estate is being administered. While many estates move through probate...
Common Reasons Probate May Be Contested
Probate may be contested when family members, beneficiaries, or other interested parties believe that a will is invalid, an executor has acted improperly, or the estate is not being administered according to California law. While disagreements over inheritances are common, not every dispute provides legal grounds for a probate contest. An...
Can a Trustee Be Removed?
Yes, a trustee can be removed under California law under certain circumstances. Courts may remove a trustee who breaches their fiduciary duties, mismanages trust assets, fails to communicate with beneficiaries, or becomes unable to perform their responsibilities. However, removal is not automatic simply because a beneficiary disagrees with a trustee’s decisions. Whether...
What Are “Loss of Use” Damages in a California Property Dispute?
Loss of use damages compensate a property owner who is temporarily unable to use their property because of another party’s actions. In California, these damages may arise in disputes involving property damage, construction defects, easement interference, encroachments, or other real estate conflicts. Depending on the circumstances, a property owner may be...
Can a Co-Owner Refuse to Sell Property?
In California, one co-owner generally cannot permanently prevent the sale of jointly owned property. When co-owners disagree about whether to sell, refinance, or keep a property, California law provides a legal process called a partition action that allows the dispute to be resolved in court. These disputes commonly arise among family members,...
What Counts as Undue Influence in an Estate Plan?
Undue influence occurs when someone pressures or manipulates another person into changing a will, trust, or estate plan in a way that does not reflect their true wishes. In California, courts consider whether the person creating the estate plan was vulnerable, dependent on others, or isolated from family and trusted advisors....
Can You Sue a Manufacturer for a Product That Caused a Fire?
Yes, you can sue a manufacturer in California if a defective product caused a fire. Under product liability law, manufacturers and others in the supply chain may be held responsible when a product is unsafe due to a design defect, manufacturing flaw, or failure to warn. These claims often involve complex investigations,...
What Are the Duties of a Successor Trustee?
A successor trustee is responsible for managing and distributing trust assets after the original trustee can no longer serve, often due to death or incapacity. In California, this role includes handling finances, paying debts, communicating with beneficiaries, and carrying out the instructions in the trust document. A successor trustee must act in...