In probate of the estate of an intestate California decedent, clear and convincing evidence of a non-biological parent-child relationship established the presumption of natural parentage forming the basis of the claim of heirship, even though the parent-child relationship was effectuated outside California. Read more
A minor capable of making informed decisions has the right to petition for removal of a guardian ad litem and to retain counsel for that limited purpose. The appointment of a guardian ad litem for a minor terminates when the minor reaches the age of majority. Read more
There is no blanket prohibition that categorically bars an heir from intervening as a matter of right in a lawsuit filed by a personal representative in a wrongful death suit. Read more
A California personal representative must reside in the United States, and having many contacts with the U.S., including maintaining bank accounts, doctors, and frequent visits, is not sufficient to qualify as a resident. Read more
Beneficiary was determined predeceased for filing a direct trust contest outside the 120-day period following trustee notification where her unexcused late filing constituted lack of probable cause. Read more
A financial elder abuse claimant may not obtain a pretrial writ of attachment for prospective punitive damages or statutory penalties, including double and treble damages. Read more
Attorneys’ fees properly denied to party in dissolution proceedings on needs-basis, where the party over litigated the case and failed to show reasonable grounds to appeal. Read more