714-846-2888 to schedule an appointment
Mark W. Bidwell
4952 Warner Avenue, Suite 235
Huntington Beach, CA 92649
ph: 714-846-2888
attorney
Contests to distribution of assets
Amendments and unequal distributions of assets to children are the primary causes of litigation in the probate courts for trusts and wills. Allegations of undue influence and incapacity are often made against the primary care custodian who is often the successor trustee or executor. “Care custodian” means a person who provides health or social services to a dependent adult.
“Health and social services” means services provided to a dependent adult because of the person’s dependent condition, including, but not limited to, the administration of medicine, medical testing, wound care, assistance with hygiene, companionship, housekeeping, shopping, cooking, and assistance with finances.
A provision of an instrument making a donative transfer to a care custodian is presumed to be the product of fraud or undue influence:. “Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.
The presumption affects the burden of proof. The presumption may be rebutted by proving, by clear and convincing evidence, that the donative transfer was not the product of fraud or undue influence.
Contests to the adminstration of assets
Too much time and misappropriation of assets are the primary allegations made against the executor in the administration of the estate. Often the primary asset of the estate is the house of the decedent where the executor now lives. The executor stalls and delays to remain in the house.
Courthouses
Orange County Lamoreaux Justice Center
San Bernardino County probate court
Riverside County probate court
San Diego County probate court
Los Angeles Hill Street Courthouse
QUESTIONS? 714-846-2888
Mark W. Bidwell
Probate Attorney, office is in IHuntington Beach, California
Cities served
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Mark W. Bidwell
4952 Warner Avenue, Suite 235
Huntington Beach, CA 92649
ph: 714-846-2888
attorney