Bay Area Probate Attorney

Bay Area Probate Attorney

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05/03/2015

http://eastbayattorney.tumblr.com/post/117991979169Plaintiff Thomas W. Sefton, Jr. (Thomas Jr.) appealed a judgment awarding him $565,350, plus interest, from the estate of his grandfather, Joseph W. Sefton, Jr. (Grandfather). Grandfather died in 1966. In Grandfather’s will, Grandfather created a testamentary trust for the benefit of his son, Thomas W. Sefton (Father), during Father’s life. Upon Father’s death, the Trust terminated and its assets were to be distributed. The probate court, interpreting the Court of Appeal’s prior opinion in this matter, determined this sum to be the “ ‘substantial’ share” of Grandfather’s estate to which Thomas Jr. was entitled. Thomas Jr. argued the probate court misinterpreted “Sefton I” and therefore improperly limited his award from Grandfather’s estate. After review, the Court of Appeal concluded the probate court’s interpretation of Sefton I, while reasonable, was in error. The “ 'substantial’ share” determined by the probate court was not the correct measure of Thomas Jr.’s award from Grandfather’s estate under the facts of this case. In this opinion, the Court resolved the ambiguity from its earlier opinion and clarified the award to which Thomas Jr. is entitled.

Alameda County probate attorney George Derieg has handled probate throughout the entire state of California. Very rarely does a probate court actually make the mistake like the one above. It is very important you hire a lawyer who thinks very fast on his/her feet and can fix any potential issues as soon as they come up.

Call Alameda County Probate attorney George Derieg today for a free consultation.Latest from the blog

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Probate Perspective – 2014 Year in Review : Contra Costa Lawyer Online Contra Costa Lawyer – The official publication of the Contra Costa County Bar Association

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