Lafayette Estate Litigation Blog
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | October 15, 2023 | General Estate Litigation
As time passes and life changes, wills are often revised to update the beneficiaries, change names or addresses, or revise the executor or guardian of minor children. Understanding how to alter or revoke a will is essential, and failure to correctly change or cancel your Will can cause confusion during…
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | October 05, 2023 | Estate Planning
Planning your estate can be very beneficial, and while there are many advantages, the potential exists for an individual or even multiple people to commit fraud. A person named executor of an estate bears a great deal of responsibility. However, if you suspect an executor is mismanaging an estate’s assets…
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | September 01, 2023 | Estate Planning
Estate planning is not just for the wealthy or the elderly; it is a critical process that should be undertaken by individuals and families of all backgrounds and ages. An estate plan is a comprehensive strategy for managing your assets, healthcare decisions, and legacy in the event of your incapacity…
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | August 15, 2023 | Estate Planning
A revocable trust, often referred to as a living trust, is a valuable estate planning tool that allows you to manage and distribute your assets during your lifetime and after your passing while avoiding the probate process. However, simply creating a revocable trust is not enough; you must also fund…
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | July 15, 2023 | Financial Abuse
Financial elder abuse is a distressing and, unfortunately, prevalent issue affecting vulnerable older adults. It involves the illegal or unethical exploitation of an elderly person’s financial resources for personal gain. Financial elder abuse can cause significant losses for seniors and their families, as well as lead to estate planning conflicts,…
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | July 01, 2023 | Estate Planning
Once you have an estate plan, it is all too easy to feel peace of mind without revisiting the issue. However, regularly reviewing and updating your estate plan is crucial to ensure that it reflects your current wishes and aligns with any changes in your life circumstances. Life is dynamic,…
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | June 15, 2023 | Estate Planning
When someone passes away, many family members come together to support one another and grieve together. However, for some, the start of the estate administration process can lead to conflicts. Estate-related disputes can take significant time and money, as well as cause stress and possible familial rifts. If you are…
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | June 01, 2023 | General Estate Litigation
Litigation refers to the process of resolving legal disputes through the court system. It involves a formal legal action taken by one party against another, seeking a resolution to a disagreement or legal relief for a wrong. Litigation is a highly complex process governed by strict rules of civil procedure,…
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | April 27, 2020 | General Estate Litigation
Many people help their loved ones work through estate planning hurdles, which is especially important for those who have a hard time dealing with these matters on their own. For example, an older parent who is struggling with a health condition often appreciates the support from their children...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | April 24, 2020 | General Estate Litigation
When a loved one leaves you a portion of his or her estate, you have certain rights under California law. Understanding your rights as a beneficiary can help you ensure the fair fulfillment of your family member’s wishes....
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 30, 2020 | General Estate Litigation
While it would be ideal to know for a fact that your family will never experience disagreements of any kind, that expectation is simply unrealistic. If you are planning your estate in California, one of your central concerns may be articulating a will that will leave...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Feb 23, 2020 | Estate Planning
Estate planning is all about one’s assets and those they love. Unfortunately, both of these factors create challenges in some instances. For example, some people are unsure about the type of estate plan to set up, which is often harder when a spouse or child...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Feb 12, 2020 | Estate Planning
Estate planning is something that involves careful consideration, and even if you take your time navigating the process, you run the risk of someone not being happy about how you decide to distribute your assets. If, for example, you choose to leave your children...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Feb 3, 2020 | Estate Planning
One of the ways that family members often raise disputes after a death in the family is by claiming undue influence. Regardless of what you want, some people may come forward and say they know your intentions better than you do out of greed. Fortunately, you can...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 27, 2020 | General Estate Litigation
For parents, the estate planning process often presents special concerns when it comes to children, especially for those who worry about fairness. For example, parents who have multiple children sometimes face uncertainty over how to distribute their assets. Most...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 6, 2020 | General Estate Litigation
When a resident of California dies, all the decedent’s possessions, including physical property, bank accounts and financial holdings, become part of his or her estate. Those who create a will before death choose beneficiaries of the estate and how to distribute...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 3, 2020 | General Estate Litigation
The role of the executor is to carry out the wishes of the deceased. The designated person must ensure that she or he fulfills the will’s specifications and that all rightful parties receive the property and possessions that the deceased willed to them. If a...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Dec 23, 2019 | Estate Planning
Communicating with beneficiaries is a task many estate executors must handle. Intended beneficiaries to an estate will want to know that the executor is handling their inheritance in a competent and honest fashion. But if a California executor does not properly...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Dec 14, 2019 | Firm News
A dependent adult in California must often rely on a caregiver to supply basic needs. While some people move into a nursing home, others are able to remain at home with a care custodian. The Record-Bee reports that California Probate Code has protections in place...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Dec 12, 2019 | Firm News
Before an estate can be distributed to heirs, the will must first pass through probate. This is the process of proving a will is authentic and free of undue influence. It also ensures creditors still owed money are paid, with the remainder of the estate passing to...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Nov 21, 2019 | Firm News
When a family member names you as the executor of his or her estate, you have a responsibility to act in accordance with his or her wishes and California state law. But what happens when a dispute arises among two or more beneficiaries? Take these steps to manage...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Nov 19, 2019 | Firm News
The fact that some people will deliberately target senior citizens in financial scams may seem shocking and unbelievable to you. Only those who are especially malicious and depraved would try to fraudulently separate elderly people from their money, you may think....
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Nov 4, 2019 | General Estate Litigation
If you are an heir of someone’s California will and are unhappy with the way in which the estate administrator is taking the deceased’s estate through probate, can you sue him or her? The answer to that question is yes — but only under certain circumstances. You...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Oct 17, 2019 | Will Contests
In California, there are certain laws in place that prevent just anyone from contesting someone’s will. However, there are also situations in which individuals with the right to contest may step up and do just that. FindLaw states that there are basic probate laws...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Oct 17, 2019 | Undue Influence
Californian residents who are dealing with matters of the estate should know that determining whether or not a will is valid isn’t always a straightforward task. We at Pedder, Hesseltine, Walker & Toth, LLP, will discuss undue influence and its potential role in...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Oct 14, 2019 | Estate Planning
Many states do not have specific statutes or definitions regarding undue influence regarding estate planning. However, according to the American Bar Association, California recognized that lack, and two research studies subsequently revealed that although the term...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Sep 27, 2019 | Will Contests
Sometimes the death of a loved one brings about turmoil. This is especially true if your family member had a large estate. People may not always be happy with the final wishes of the deceased, and this can lead to contesting a will. If you feel that you need to...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Sep 5, 2019 | Estate Planning
When you are setting up your estate plan in California, one of the most important things you choose is your executor. You can choose almost anyone to be an executor of your will, but you most likely want to choose a close friend of family member that you can trust....
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 22, 2019 | Financial Abuse
According to MedicareAdvantage.com, elderly adults in the United States lose an estimated $36 billion to financial fraud, scams and exploitation each year. Though the numbers vary from source to source, experts suspect that an estimated 37% of American seniors have...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 9, 2019 | Will Contests
The vast majority of wills are accepted by courts without challenge. However, for various reasons, wills are challenged by family members or other beneficiaries of a decedent, usually because they suspect something is wrong with the will. In some cases, a will written...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 9, 2019 | Estate Planning
Some California residents decide that their homes should be sold after they pass away. The task of selling the home falls upon the executor of the estate. Family members who are concerned about the home of their loved one being sold as quickly as possible should have...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jun 28, 2019 | Firm News
When a loved one passes, many California residents may anticipate receiving something from the estate. You may have had your eye on a particular object that would remind you of your loved one, or you may have expected that he or she left you a considerable portion of...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jun 21, 2019 | Firm News, Will Contests
While the majority of wills pass through probate without any problems, there are times when someone steps in to contest this legal document. If you’re interested in challenging a will, it’s important to understand the most common reasons for doing so. This...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jun 5, 2019 | Financial Abuse, Firm News
No matter how wealthy and famous an elderly person is, they can become the victim of financial and other types of elder abuse. In fact, having money often makes people particularly attractive targets. According to authorities, Stan Lee, who created iconic superheroes...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | May 24, 2019 | Firm News, Will Contests
One potential reason for a will contest is simply that the child does not think the will accurately reflects what their parents owned or what they should get. If you’ve spent the last decades assuming you’ll inherit around $500,000 — maybe even...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | May 10, 2019 | Firm News
Because an incapacitated or deceased person cannot handle his or her own affairs, someone else is typically in charge of certain matters. For instance, a loved one may have appointed an executor to handle his or her remaining affairs in the event of death. If the...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | May 8, 2019 | Firm News, Will Contests
A loved one has passed away. You know they had an estate plan that included a living trust. You believe you were one of the beneficiaries of that trust or they told you that you were. Do you have a right to see it now that they’ve passed away? The person who...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Apr 26, 2019 | Firm News, Undue Influence
There may come a time when you must rely on another person’s strength to get through some of life’s trickier moments. As people age, their dependence on others gradually increases. But with dependence comes an enhanced risk of being subject to another...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Apr 12, 2019 | Firm News, General Estate Litigation
Two siblings both say that they should get the same asset when their parents die. The parents do not have a will or did not specify what should be done with that asset in the will. For instance, perhaps the will mentions their bank accounts, investments, retirement...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 29, 2019 | Firm News, Will Contests
Most stepmothers and stepchildren often don’t get along, especially the older the child is when the new mom comes into the picture. It shouldn’t come as a surprise that as much as 50 percent of estate battles are brought by adult kids against their...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 15, 2019 | Financial Abuse, Firm News
According to the National Adult Protective Services Association (NAPSA), financial exploitation is the fastest growing type of abuse among disabled adults and elderly individuals. Their research shows that these individuals are most vulnerable to being financially...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 13, 2019 | Firm News
Though you were close to your recently-deceased loved one, you may not have felt the desire to handle the final affairs of his or her estate. As a result, when asked about taking on the role of executor, you declined. However, that decision did not completely sever...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Feb 28, 2019 | Firm News, Undue Influence
Undue influence occurs when someone tries to manipulate an elderly person for financial gain. It often focuses on their estate. For instance, someone could emotionally manipulate an elderly person and convince that person to leave them the lion’s share of the...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Feb 14, 2019 | Firm News, General Estate Litigation
If you ask most estate planning attorneys about the parties that are most apt to get involved in contested will disputes, they’ll likely tell you that they see more than their fair share of ones between stepchildren and their stepmothers. Research that has been...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 31, 2019 | Firm News, General Estate Litigation
When a testator, or the person who is drafting a will, goes to select the executor of their estate, they’re often advised to pick someone who is both loyal and trustworthy. They’re told to do this to make sure that their final wishes have the best chance...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 18, 2019 | Firm News, Will Contests
It can be quite jarring to learn upon a relative’s passing that you did not get an expected inheritance. You may be especially upset that your relative never explained their decision to disinherit you. When faced with such scenarios, some people consider...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 9, 2019 | Firm News
When a loved one asked you to act as executor of his or her will, you may have accepted the role without fully understanding the extent of the responsibility that you would hold. Now that your loved one has passed away, you have gained more information on the tasks...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 4, 2019 | Firm News, Undue Influence
Over the past few years, there has been an uptick in the number of individuals attempting to befriend elderly persons in order to extort money from them. This has led California lawmakers to draft a number of bills aimed at protecting this vulnerable population, and...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Dec 20, 2018 | Financial Abuse, Firm News
A report published just this month by the Securities and Exchange Commission (SEC) captures how at least 6.6 percent of Americans aged 65 or over have lost money after having been defrauded or exploited. Given that an estimated 10,000 new people turn 65 on a daily...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Dec 7, 2018 | Firm News, General Estate Litigation
While different ideas may come to mind when you hear the term “holographic will,” it simply refers to a will that has been handwritten as opposed to being typed out. They are most commonly drafted in situations in which an individual knows that...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Nov 23, 2018 | Firm News, Undue Influence
When you sign your will, it’s best to do so in the presence of witnesses. Some jurisdictions may even require this. If yours does, then there may be certain criteria for choosing your witnesses. All of these requirements exist to ensure that the testator, or...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Nov 20, 2018 | Firm News
Estates are often at risk of facing conflict from surviving family members or other parties associated with the estate. Unfortunately, some probate cases may be more predisposed to fights, simply because of the family dynamic. Of course, problems could also come about...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Nov 9, 2018 | Financial Abuse, Firm News
Those who commit financial abuse pick their targets carefully. They look for certain signs that show them that it will be easier to get what they want. For family members of elderly relatives who receive assistance from caregivers, it is important to look for these...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Oct 26, 2018 | Firm News, Will Contests
A will is supposed to express the final wishes of the person who passed away. It is their last chance to influence what is done with their estate. It can divide assets between the children, leave assets to charity or give other instructions for what is to be done with...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Oct 12, 2018 | Firm News, General Estate Litigation
Estate disputes often revolve around some indication that the will may not represent the person’s true desires. For instance, an heir may contest that: The person did not have the mental capacity to sign the will Another heir forged the will The person was...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Sep 28, 2018 | Firm News, Undue Influence
Some people are more likely to be swayed by undue influence than others. While these cases almost always target someone who is already fragile due to age or sickness, for instance, that does not mean all targets are equal. Part of understanding when and how undue...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Sep 28, 2018 | Firm News
You never pictured yourself in situation where you would have to fight out an issue with your loved ones in a courtroom. However, after the death of a close family member, you found yourself concerned over the contents of his or her will. Once you voiced your...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Sep 14, 2018 | Financial Abuse, Firm News
California’s fine weather and social protections make it a destination for more and more people. Senior citizens are flocking to the Golden State in unprecedented numbers to live their golden years in comfort and safety. Regrettably, some challenges remain for...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 31, 2018 | Firm News, Will Contests
Some people go to extreme lengths to keep others from fighting over their estate. They may worry that someone is going to challenge the will, and they’ll include a “no contest” clause. What is this and how does it work? As you can probably guess from...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 17, 2018 | Firm News, General Estate Litigation
Many parents do not talk about estate planning with their children. Even so, the children may have certain things that they expect or that they have been counting on. As such, when the estate plan includes significant surprises, it can often lead to disputes. The plan...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 3, 2018 | Firm News, Undue Influence
A study published in 2015 by True Link Financial suggested that the elderly lose as much as $36.48 billion annually in financial exploitation schemes. As many as two million Americans may be manipulated into giving others access to their assets each year. The most...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 2, 2018 | Firm News
After the death of a loved one, it can be a difficult time for many surviving family members. You may find yourself often reminiscing about the good times you shared with your loved one and likely also hoping that he or she left you some type of property as part of...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jul 17, 2018 | Firm News, Will Contests
There are many things that could have implications for a person when he or she is challenging a will here in California. One is whether the will being contested contains a no-contest clause. Such a clause, when in a will, typically directs that a person loses his or...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Dec 1, 2016 | Firm News
Recently in Northern California there have been an abnormally large number of police shootings. While we are firmly behind the police in most instances, a number of these shootings have proven to be outrageous. For example, we know of an elder who was having some...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 29, 2016 | Firm News
Because of the court budget crisis which has pushed the courts to cut back important services to attorneys and the public in general, many courts including Probate Court have adopted procedures to help alleviate court congestion by having qualified attorneys serve as...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 19, 2016 | Firm News
The average survival rate is eight years after being diagnosed with Alzheimer’s – some live as few as three years after diagnosis, while others live as long as 20. Most people with Alzheimer’s don’t die from the disease itself, but from...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 3, 2016 | Firm News
Recently one of our clients prevailed in a Will contest and as a result the Will she fought for was decided by the court to be the one to be probated. One of the assets in the probate estate was a piece of real estate in an impoverished part of Contra Costa County...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jul 29, 2016 | Firm News
One of the most dangerous practices of people who are doing a Will or trust is to name their oldest child automatically as the trustee or executor of their trust or Will upon their demise. Time after time that particular person named just because they are the oldest...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jun 28, 2016 | Firm News
In these days of dwindling judicial resources, is there any way to ensure that a client’s case receives the prompt and thorough attention it deserves? The answer is yes. If one considers a judicial reference – a term of art for a little-known procedure...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jun 15, 2016 | Firm News
DID YOU KNOW? COURT BUDGETS IN CALIFORNIA’S 15 SMALLEST COURTS HAVE DROPPED AN AVERAGE OF 34.2 PERCENT IN THE PAST FIVE YEARS (COMPARED WITH A 15.2 PERCENT DROP IN THE 15 LARGEST). 73% LIMITED ACCESS TO COURT REPORTERS 83% CUT CLERK OR COURTROOM HOURS At our...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 30, 2016 | Firm News
In a recent case the Estate of Satish Trikah, [219 Cal.App. 4th 791, 162 Cal.Rptr. 3d 175] Testator’s wife filed a will contest and opposed the petitions by son of a prior marriage to probate the will alleging that the testator had revoked the will by destroying...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 25, 2016 | Firm News
The Estate of B, Contra Costa County, Probate Department. In law school we all read about Totten Trusts. You can avoid probate using such a trust. It is simply a pay on death (POD) instrument be it a bank account, T-Bill, or whatever. In 2005 Virginia B (G for...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 28, 2016 | Firm News
Baby Doe was born out of wedlock. Baby had severe birth defects, allegedly caused by improper birthing procedures by the physicians and hospital involved. The mother brought a lawsuit and received a substantial sum. The moneys were placed in a Special Needs Trust with...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Nov 23, 2015 | Firm News
X died. He left Will, No. 1 to our client who was a child of one of his old girlfriends. The Will was approximately 12 years old. It was done by an attorney who had held the Will until after the death of X. It was a Will done by an attorney, properly witnessed and so...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Oct 23, 2015 | Firm News
This Case was a Contra Costa matter in the matter of the S Trust Agreement, David S, Petitioner, v. Riley S, Respondent. This case involves the S Trust and disagreements among the four trust beneficiaries, the sons of decedents. The Petitioner, David S, was...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Aug 17, 2015 | Firm News
If the diagnosis is Alzheimer’s, call your County Bar Association – Referral Board and ask for an ‘Elder Law Attorney” reference. The average survival rate is eight years after being diagnosed with Alzheimer’s – some live as...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jul 23, 2015 | Firm News
J and C formed their family Trust to benefit their son. A few years later they were divorced prior to J’s death in 05′. J’s brother M was appointed as J’s estate administrator and all of the estate assets were to be transferred into the...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jun 4, 2015 | Firm News
Our fine Probate Judge in Contra Costa County Superior Court, Honorable John H. Sugiyama gave out some humorous information recently in the “Contra Costa Lawyer”. I thought I’d share some edited versions of those reasons because they provide...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | May 21, 2015 | Firm News
If the diagnosis is Alzheimer’s, call your County Bar Association – Referral Board and ask for an ‘Elder Law Attorney” reference. The average survival rate is eight years after being diagnosed with Alzheimer’s – some live as few as...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Apr 28, 2015 | Firm News
When litigating a Will or Trust dispute, we often run up against a lack of witnesses as to undue influence being committed on an elder who dies after doing some strange things with his or her estate. Often no witness saw anyone committing undue influence or any other...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Apr 22, 2015 | Firm News
Often in estate litigation an issue will arise as to whether or not a legal document has been forged. Often when a document has been notarized by a licensed notary this issue of forgery will be dropped. Not so fast. The issue should be fully developed. In a recent...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Apr 15, 2015 | Firm News
In the old days the attorneys would keep the original signed Will giving the client a signed copy noting on the signed copy the original was located at the attorney’s office in the office Will vault. This procedure has changed markedly over time because mainly...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 26, 2015 | Firm News
J and C formed their family Trust to benefit their son. A few years later they were divorced prior to J’s death in 05′. J’s brother M was appointed as J’s estate administrator and all of the estate assets were to be transferred into the Trust,...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 23, 2015 | Firm News
In a recent case the Estate of Satish Trikah, [219 Cal.App. 4th 791, 162 Cal.Rptr. 3d 175] Testator’s wife filed a will contest and opposed the petitions by son of a prior marriage to probate the will alleging that the testator had revoked the will by destroying...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 9, 2015 | Firm News
X died. He left Will, No. 1 to our client who was a child of one of his old girlfriends. The Will was approximately 12 years old. It was done by an attorney who had held the Will until after the death of X. It was a Will done by an attorney, properly witnessed and so...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Oct 15, 2014 | Firm News
Micra was a law passed 38 years ago, promoted by the insurance industry, that put a $250,000 cap on non-economic damages suffered by vulnerable malpractice victims, children, the elderly, homemakers, and the poor. Bottom line, persons suing medical practitioners for...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Oct 15, 2014 | Firm News
In a recent case we represented an elderly woman who intentionally destroyed her father’s formal Will. She found the Will in his papers when caring for him. The Will left his substantial estate to a younger lady friend that the father had met after his former...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Sep 30, 2014 | Firm News
In a recent case we represented an elderly woman who intentionally destroyed her father’s formal Will. She found the Will in his papers when caring for him. The Will left his substantial estate to a younger lady friend that the father had met after his former...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jun 19, 2014 | Firm News
In a will contest action entitled Robinson v. Robinson, Case No. P06-01483, Contra Costa County, the Honorable Nancy Davis Stark presided. Oakland’s Larry E. Lulofs and Herman A. Trutner represented petitioner Brian Robinson. Lafayette’s Stan Pedder...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jun 12, 2014 | Firm News
We tried a case a couple of years back in Alameda County Superior Court. It was titled the Estate of Sparkman, No. 253825-1, before now retired Honorable David Lee. Sparkman died, leaving only a copy of a former Will with her original signature but not witnessed. She...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | May 8, 2014 | Firm News
Micra was a law passed 38 years ago, promoted by the insurance industry, that put a $250,000 cap on non-economic damages suffered by vulnerable malpractice victims, children, the elderly, homemakers, the poor. Bottom line, persons suing medical practitioners for...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | May 8, 2014 | Firm News
VALUATION CASE ALERT It was a brutal day in Tax Court for the Estate of Richmond (T. C. Memo 2014-26), Tuesday, as the taxpayer not only lost out on a significant portion of a key valuation adjustment (built-in-gains tax liability), but was also assessed a 20% penalty...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 29, 2014 | Firm News
This Blog is about mediation. Mediation is a concept developed by the courts in the last few years to attempt to get cases resolved without the necessity of going to formal trial. Avoiding trial is far less costly and time consuming than a mediation procedure. In most...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Nov 1, 2013 | Firm News
Attorney Rating Services. There are any number of such rating services throughout the United States and along with individual firms strutting their expertise on T.V. and the internet how is a potential client to pick a qualified attorney. One way is to call your local...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Sep 16, 2013 | Firm News
UPDATE Update (August 29, 2013, 3:20 PM): The Treasury Department has announced Revenue Ruling 2013-17. According to the announcement, the ruling provides that the federal government will recognize any same-sex marriage which was valid in the jurisdiction in which the...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | May 16, 2013 | Firm News
This Case was a Contra Costa matter in the matter of the S Trust Agreement, David S, Petitioner, v. Riley S, Respondent. This case involves the S Trust and disagreements among the four trust beneficiaries, the sons of decedents. The Petitioner, David S, was...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | May 6, 2013 | Firm News
The Estate of B, Contra Costa County, Probate Department. In law school we all read about Totten Trusts. You can avoid probate using such a trust. It is simply a pay on death (POD) instrument be it a bank account, T-Bill, or whatever. In 2005 Virginia B (G for...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Apr 29, 2013 | Firm News
J and C formed their family Trust to benefit their son. A few years later they were divorced prior to J’s death in 05′. J’s brother M was appointed as J’s estate administrator and all of the estate assets were to be transferred into the Trust,...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Apr 22, 2013 | Firm News
Where do you keep the original Will? In the old days the attorneys would keep the original signed Will giving the client a signed copy noting on the signed copy the original was located at the attorney’s office in the office Will vault. This procedure has...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Apr 8, 2013 | Firm News
Often in estate litigation an issue will arise as to whether or not a legal document has been forged. Often when a document has been notarized by a licensed notary this issue of forgery will be dropped. Not so fast. The issue should be fully developed. In a...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 21, 2013 | Firm News
When litigating a Will or Trust dispute, we often run up against a lack of witnesses as to undue influence being committed on an elder who dies after doing some strange things with his or her estate. Often no witness saw anyone committing undue influence or any other...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Feb 28, 2013 | Firm News
In a will contest action entitled Robinson v. Robinson, Case No. P06-01483, Contra Costa County, the Honorable Nancy Davis Stark presided. Oakland’s Larry E. Lulofs and Herman A. Trutner represented petitioner Brian Robinson. Lafayette’s Stan Pedder...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Feb 11, 2013 | Firm News
Here is an interesting case out of Los Angeles County Superior Court. Case No.: BP 105438. The Plaintiff (“P”) was represented by the Pedder firm. The Defendant Children’s Hospital was represented by legal counsel from Oakland, California. Baby...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 23, 2013 | Firm News
My grandfather, also an attorney, always said before you get too deep into a case to seriously consider settlement. I’ve always followed that advice, but sometimes you get caught up in the facts on your side of the case as does the opposition and settlement is...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Jan 9, 2013 | Firm News
Case Baby Doe was born out of wedlock. Baby had sever birth defects allegedly caused by improper birthing procedures by the physicians and hospital involved. The mother who had sole custody brought a lawsuit and recovered a substantial sum. The recovery was placed in...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 30, 2012 | Firm News
Stanley Pedder of Lafayette reported an interesting out-of-county (Alameda) case to me. Stanley tried the case, Estate of Irene O. Sparkman, Alameda Superior Court, Case No. 253825-1, before the Honorable David Lee. Apparently, Sparkman died, leaving a copy of a...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 30, 2012 | Firm News
“Occasionally, we get an interesting report on a matter involving a “Contest of Wills.” Ususally that report comes from Stan Pedder, of Pedder, Hesseltine, Walker & Toth of Lafayette. This latest matter reported went to trial before the Honorable...
Read More
On behalf of Pedder, Hesseltine, Walker & Toth, LLP | Mar 13, 2012 | Firm News
This is an interesting complex litigation involving Los Angeles County Superior Court, as well as the Alameda County Superior Court. The plaintiff (“P”) was represented by Firm Members Stan Pedder and Tim Walker of Lafayette, and defendant Children’s...
Read More
MORE POSTS