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Quinn & Dworakowski, LLP

Is It Possible To Avoid Wrongful Death Liability Against A Deceased Person’s Estate

In California, a claim for “wrongful death” can arise when one or more persons die as the result of an intentional or negligent act by another person. Sometimes the person who caused the death(s) also…

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Are “Pourover Wills” Subject To Formal Probate Administration

Existing California law provides for the disposition of a person's property by will. Prior to April 1, 2022, in addition, existing law establishes simplified procedures for addressing a decedent's estate valued under $166,250, including authorizing…

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Should A Probate Representative Or Executor Hire A Probate Lawyer?

In California, probate is handled in the California Superior Courts. If your deceased passed away while residing in California or owned real property in California. Probate is a court procedure that includes transferring a deceased…

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What Happens If A Child Inherits Money In California

A minor beneficiary can be named in a Will or a Trust or, by default, be entitled to an inheritance through intestate succession. However, in California, a minor cannot legally own property until they are…

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Disposition Of California Estate Without Probate And Claims Against The Distributed California Estate

Ordinarily, property that would pass by Will or intestacy would be administered in a probate proceeding. However, in certain circumstances, existing California law permits such property to pass to a devisee of a Will or…

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What If A Beneficiary Of A Will Has Died?

A. Beneficiary Dies Before The Death Of The Will-Maker When a person makes a Will, he/she may assume that the beneficiary or beneficiaries will outlive him/her. So what happens, for example, if a person leaves…

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California Holographic Wills

A holographic will is acceptable in California if it meets basic standards. A holographic will is a will signed by the testator, with its material provisions appearing in the testator’s handwriting. The term “testator” means…

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California Missing Person Presumption Of Death; Court Declaration Of Death And California Probate Of Estate Of Missing Person

Sadly, some people find themselves beginning a California probate administration after a loved one is lost in a mass casualty or has been missing for a long period of time. In addition to the terrible…

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California Putative Spouse And Distribution Of Estate Assets

Finding out that your marriage may not have been legally valid, especially after losing your partner, can be frightening. You may be worried that you have no claim to the home, savings, or other property…

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Continuing Or Initiating Lawsuits On Behalf Of Decedents

Can A Lawsuit Continue After The Intended Plaintiff’s Death? When a plaintiff dies in the course of litigation, that legal action will likely continue. New cases can also be brought on behalf of the deceased.…

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