http://www.californiaestatelawyerblog.com/ en-us 2007-12-05T11:51:52-08:00 http://www.californiaestatelawyerblog.com/2007/12/i_cant_be_disinherited_in_cali.html As I stated in my last post, my client's mother had a will when she died; in the will was a disinheritance clause that disinherited my client. In this post I will describe how those clauses are dealt with in... Theodore M. Hankin 2007-12-05T11:51:52-08:00 http://www.californiaestatelawyerblog.com/2007/11/your_mothers_california_will_d.html As I have said previously, greed is an incredible motivating factor in creating family discord; in this Orange County case, my client's mother disinherited him in her will (California Probate Code §88). However, she had also, years before, transferred her... Theodore M. Hankin 2007-11-30T10:43:57-08:00 http://www.californiaestatelawyerblog.com/2007/11/a_real_estate_auction_is_held_1.html Previously I told how the court determined that the single family residence owned by my client and her brother would be sold, as it could not be divided, all in accordance with California Code of Civil Procedure §872.820. How the... Theodore M. Hankin 2007-11-28T14:34:00-08:00 http://www.californiaestatelawyerblog.com/2007/11/you_cannot_divide_a_single_fam.html So here was the situation; my client and her brother owned their mother's residence as tenants in common (California Civil Code §686). My client's brother did not agree with the appraisal that was made of the residence and refused to... Theodore M. Hankin 2007-11-27T14:08:19-08:00 http://www.californiaestatelawyerblog.com/2007/11/when_cotenants_are_fighting_a_1.html In my last post, I described how my client and her brother came to own, as tenants in common (California Civil Code §686), the single family residence of their mother. My client wanted her mother's home to be sold; her... Partition Litigation Theodore M. Hankin 2007-11-23T14:51:36-08:00 http://www.californiaestatelawyerblog.com/2007/11/what_to_do_when_coowners_of_re.html Every now and then I receive calls from clients where the resolution of their problem would at first appear to be a trip to probate court, but sometimes has a twist that takes me to the world of civil litigation.... Real Property Theodore M. Hankin 2007-11-22T11:32:38-08:00 http://www.californiaestatelawyerblog.com/2007/11/resolution_of_litigation_in_ca.html As I stated in my last post, my client's half-sister disputed whether my client and the half-sister were even related; DNA tissue was found at a hospital where my client's natural father had been treated for cancer. The results from... Trial Theodore M. Hankin 2007-11-20T10:24:43-08:00 http://www.californiaestatelawyerblog.com/2007/11/i_found_dna_in_a_hospital_in_c.html Recall that my client's half-sister now claims that they are not related ... and counsel and I agreed to use a DNA laboratory to determine the likelihood of relationship. Problem: the presumed natural father is dead and was cremated ...... Theodore M. Hankin 2007-11-12T13:56:43-08:00 http://www.californiaestatelawyerblog.com/2007/11/dna_who_has_my_fathers_dna_fun_1.html So here is my client, fighting her half-sister in Superior Court of Los Angeles County North East District, over whether she qualifies an heir of her natural father's estate under California Probate Code §6451 because she had been adopted away... Theodore M. Hankin 2007-11-10T17:09:05-08:00 http://www.californiaestatelawyerblog.com/2007/11/to_inherit_from_a_natural_pare.html So here is my client; her natural father died without a will and her half-sister claims the entire estate, alleging that my client did not satisfy the special circumstances required under California law for an adopted away child to inherit... Theodore M. Hankin 2007-11-09T16:51:38-08:00