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Articles Posted in probate

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A Guide to Penalties for Financial Elder Abuse (Probate Code Section 859)

Probate Code section 859 protects certain individuals whose property or money is taken, concealed, or disposed of by another. Section 859 does this by imposing hefty penalties on anyone who wrongfully takes or conceals property belonging to certain groups.  Specifically, the statute provides: “If a court finds that a person…

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What is an Order Determining Succession to Real Property? (Probate Code Section 13154)

An order determining succession to real property is an alternative petition to get a court order transferring the property. (Prob. Code § 13154.) If the estate is small enough, and a successor to the decedent has proof that they are entitled to a certain piece of property, then they may…

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What is a Petition to Determine Distribution Rights (Prob. Code § 11705)? 

For family members of a deceased loved one, the most important part of probate proceedings is the final distribution of the estate. This occurs once the estate’s debts and obligations have been satisfied, and it serves to more or less end the probate of the estate.  But what if someone…

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What is a disclaimer of interest (Probate Code § 278)? 

When a loved one passes away, probate proceedings are hopefully not the first thing on their relatives’ minds. Probate is, however, an inevitability, even when a trust is present and effective. But inheritance is not always the blessing that the public conscious imagines it to be. The simple truth is…

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