Disputes and Estate Litigation Attorney in San Mateo, California

Is Estate Litigation on the rise and if so, why?

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There is a definite rise ’cause the estates are appreciating at an unprecedented rate. There’s more money to go after. And there’s been a change in the law in California and most states that allows or encourages contests where before they would have been precluded. And I refer to the no-contest clauses. So in California, as in most states, we have rewritten that statute or statutes to allow contests against fiduciaries, for breaches of fiduciary duties without risking one’s inheritance where before you could actually draft it in a way that protected the trustees. So there’s less risk and more potential for lawsuits because of the change in the law, in my opinion.

California estate planing and litigation attorney, Paul Barulich, discusses the rise of estate litigation.

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