(86) As phrased by Ralph Brashier, an expert in
probate law, "[T]he first goal of intestacy law is to effectuate the typical decedent's intent, but like all laws,
probate laws ultimately should promote and protect the state." (87)
It significantly changed
probate law by allowing specified family members who lived with and provided direct care to a "disabled person" to file a claim in probate court for those services, after the disabled individual's death.
Dennis Sandoval is the only attorney in California who is board certified in elder law, taxation law and estate planning, trust and
probate law (certified by the California Bar Board of Legal Specialization and the National Elder Law Foundation).
Palumbo has been recognized for her work in estate planning and
probate law in the 2008 New York Metro edition of Super Lawyers.
probate law) to access bank accounts that the decedent had retained in Germany.
White, J.D., chair of the Probate Committee of the Real Estate and
Probate Law Section of the National Bar Association.
probate law and the probate exception, holding that federal courts in
Brashier has significant experience in the area of
probate law, and this book's extensive legal and secondary source citations reflect the depth and breadth of his considerable knowledge.
Hope Fuqua & Campbell will focus on business and commercial law, employment law, real estate law,
probate law, insurance law, family law, criminal defense, administrative law and litigation.
State law allows an executor to bring suit to enforce a
probate law provision that estate taxes be paid pro rata from the assets subject to tax.
For example, all probate codes protect surviving spouses.(88) Decedents cannot fully disinherit their surviving spouse.(89) This protection, however, is only afforded to those falling within the category of "surviving spouse."(90)
Probate law does not recognize a surviving domestic partner as a surviving spouse for property distribution purposes.(91) This exclusion means "the surviving partner [is treated] as no more a natural object of the decedent's bounty than a complete stranger."(92)
Dallas High suggests that depending on what results reward our searching, "advocates, policymakers, and scholars will have to learn that the current advance directive process may be the inverse of what it should be and that restructuring the process on the model of
probate law may not be so bad after all."[1] In other words, appeal to the family (in some sense of the term) should be seen as the most favored way of making decisions for those who can't decide on their own; treatment directives or durable powers of attorney for health care should be employed only when there is no family or the patient has reasons for not wanting the family to make these decisions.