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The Grossman Law Firm, A.P.C. are Riverside, California probate lawyers.  We help probate estates in Riverside County, California.  We appear in the Riverside probate court for cases in the area bounded by Temecula, Corona, and Banning, California.  We appear in the Palm Springs/Indio probate court for cases from Palm Springs, Palm Desert, Rancho Mirage, Desert Hot Springs, Cathedral City, Indian Wells, and Indio, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.

Heir grievances lead to estate litigation

Posted on Feb 17, 2009

Gifts made while your loved one is alive can lead to probate litigation after they have died.  This story from Kansas City illustrates a common scenario seen so often in California probate court and litigated by California probate lawyers.  Here, a blended family had a harmonious relationship while both the husband and wife were alive.  When the husband died his children took items from the house they claimed were family heirlooms and some money from a joint bank account.  After the wife died, and her will was admitted to probate, litigation ensued to determine what each person named in the will was supposed to receive.

Had this case been in California, a good California probate attorney would have recognized the property taken from the wife would give the executor a reason to file a financial elder abuse lawsuit or an "850 petition" (which is petition in a California probate court claiming someone is holding property that really belongs to the probate estate.)  Financial elder abuse lawsuits can lead to the defendant having to repay the amount they took along with attorney's fees and costs.  An 850 petition can lead to the defendant having to pay double damages. 

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The Grossman Law Firm, A.P.C. are San Diego, California probate lawyers.  We help probate estates in San Diego County, California.  We appear in the San Diego probate court for probate cases that come San Diego County south of Escondido.  We appear in the North County San Diego/Vista probate court for probate cases that come from Escondido all the way north to Fallbrook, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.