by Edward TerzianHow Lis Pendens Protects Trust Property in California
When real estate is involved in a trust dispute, one of the most powerful tools a beneficiary has is the lis pendens — a recorded notice alerting potential buyers or lenders that the property may be tied up in a lawsuit. The recent California case Newell v. Superior Court clarifies exactly when this tool can be used in trust and probate litigation. This guide from Inheritance Recovery...
by Edward TerzianCalifornia Heggstad Petitions: Fixing Missing Trust Assets
When a loved one creates a trust but forgets to transfer certain assets into it, heirs or trustees can face unnecessary costs and disputes. Thankfully, California law provides a powerful remedy — the Heggstad petition, under Probate Code § 850. This process allows a court to confirm that an asset truly belongs in the trust, even if it was never formally transferred before death. This guide...
by Edward TerzianExcluded From the Family Trust in California? Here’s How to Fight Back
Finding out you’ve been cut out of a family trust can feel like betrayal. If you were promised a share—or assumed you’d be included—and then find your name missing, the experience can be painful and confusing. Fortunately, California inheritance law gives wronged beneficiaries legal options. This guide from Inheritance Recovery explains how to challenge a trust, what evidence...
by Edward TerzianDigital Evidence in California Trust Disputes: How Texts & Emails Can Win Your Case
In today’s digital world, text messages and emails often speak louder than formal documents. Especially in trust litigation, communications that may have once seemed casual can become critical evidence—revealing intent, manipulation, or wrongdoing. If you’re involved in a California trust dispute, understanding how to use digital evidence effectively can make all the difference....
by Edward TerzianMissing Trust Assets in California: How to Hold a Trustee Accountable
Trusts are created to protect assets and ensure loved ones receive their rightful inheritance. But sometimes, when the trustee manages the trust, money or property mysteriously disappears — leaving beneficiaries confused and powerless. If you suspect that trust assets are missing, California law gives you strong rights to investigate, demand accountings, and recover what’s been lost....
by Edward TerzianExecutor Misconduct in California Probate: Common Examples and Legal Remedies
An executor plays a vital role in managing the estate of someone who has passed away. They are legally responsible for collecting assets, paying debts, and distributing inheritances according to the will. However, not every executor fulfills these duties honestly. When an executor misuses funds, delays proceedings, or acts for personal gain, it’s known as executor misconduct — and...
by Edward TerzianHow to Contest a Will in California – Legal Steps Explained
Introduction If you believe a loved one’s will in California is unfair or invalid, the law allows you to contest it through probate court. Here’s a clear breakdown of who can file, valid legal reasons, and how to start the process. 1. Who Can Contest a Will Under California Probate Code Section 8250, only people with a direct interest in the estate can challenge a will, such...
by Edward TerzianWhat’s the Difference Between a Lawyer and an Advocate?
Introduction Many people use the terms lawyer and advocate interchangeably — but in the eyes of law, they are not the same. Both play vital roles in the Indian legal system, yet their rights, responsibilities, and qualifications differ. In this article, we break down the difference between a lawyer and an advocate in simple terms, so you can make the right choice for your legal matter. 1....
by Edward TerzianDo Probate Trials Involve a Jury?
When dealing with the complexities of probate disputes, one common question that arises is: Do probate trials involve a jury? The answer varies depending on the jurisdiction and the specific nature of the case. Understanding when a jury trial is applicable can significantly impact the strategy and outcome of your case. What Is Probate Court? Probate court handles the administration of a...
by Edward Terzian