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Most of us have strong opinions when it comes to timeshares. Many see plenty of benefits in becoming a partial owner in a vacation property they can use without the headaches that come with owning his or her own property. However, others only see timeshares as a waste of money. So, what happens during divorce or probate when a timeshare is involved? Is it an asset or a liability? Timeshares and Divorce Once a timeshare is purchased under a Shared Deeded Contract, wherein each owner retains the right to transfer ownership of their shares by selling, gifting, or willing them to someone else, often in perpetuity, the timeshare becomes a real asset. This means it must be divided equally among both parties in a divorce. If both parties want to keep the timeshare, whether as a financial or sentimental asset, it’s recommended to share custody of the timeshare, so long as the divorce is amicable. Just make sure all conditions for payments, usage, and what happens if one spouse breaks the agreement, are set in writing, In the case only one spouse wants to keep the timeshare, it is up to them to provide the other spouse something of equal value, which can be difficult to assess due to the fees involved and inevitable depreciation. And what if neither spouse wants it? Then it’s time to sell the timeshare and split the proceeds. Just be wary of resale scams and other fees that come with selling to a broker or private buyer. Timeshares and Probate What many timeshare salespeople fail to mention (or gloss over) during their presentations are the continual costs involved in owning a timeshare. From maintenance and HOA fees to property taxes, insurance, management, and landscaping fees, owners can pay up to thousands of dollars a year even past their death. Because of this, timeshares quickly becomes a financial burden to heirs that may not even want it to begin with. What can you do before probate to get around this? Add a joint owner so ownership is automatically transferred to the other owner. Create a beneficiary deed with the name of the owner upon your passing. Change the title on the timeshare to a trust. Sell the timeshare. If the timeshare does pass into probate, the owner’s heirs must continue to pay the fees. If they fail to do so, the timeshare company can foreclose on the property and satisfy any debts from the probate assets. And what happens if the timeshare is in another state? The inheritance would then be forced to go through an ancillary probate, governed by the state in which the timeshare resides. This costs even more in filing and lawyer fees. In summary, timeshares may be a beneficial option for vacation consistency, but more often than not becomes a liability during divorce or probate. Take it or leave it, your choices will have consequences in perpetuity.

Planning for one’s death is important to avoid time consuming and often costly probate. However, creating a will or trust can be easily subject to undue influence. The client may not even know they are being manipulated. When the drafting of an estate plan begins, an ethical estate planning attorney will always be on the lookout for estate planning red flags that may hinder a person from signing, isn’t in their own best interest, or that will lead to costly or manipulated probate proceedings. 1. Medical or Cognitive Impairment The one key proponent for any legal document is the ability to sign under a sound mind. If after one’s death it’s discovered that the signer was not of sound mind when they signed the document, it could lead to costly litigation. When an individual drafts a will, always make sure they are not mentally impaired or living in a mental care facility. 2. Odd Changes After an estate plan is completed, large or irregular changes might prove that the signer is being manipulated into altering it. Changes that might raise a red flag include the disinheriting of a family member, adding someone out of the blue, or shifting major assets from one person to another. 3. Who Made the Appointment and Who is Making the Decisions It is always in the best interest of the person creating the will for that person to actively want to create the will on their own. If a family member, friend, intermediary, or nurse sets up the appointment and is making all the decisions for the signer, those decisions are probably not the true wishes of the signer. 4. The Creation and Signing is Being Rushed Creating an estate plan should not be an urgent matter. There are a lot of considerations to make that might be overlooked if the will or trust is rushed through the process. Family or friends who may be eager to get a will signed, refuse to answer questions for expediency, or are trying to rush the process in any way do not have the best interests of the signer in mind. 5. Property with Joint Tenancy is Encouraged Attempting to add assets into a will or trust that are jointly owned will do nothing but cause major issues during probate. Anyone pushing to include jointly owned property, such as a home, car, bank account, or even debt, may simply be looking to force a contention, which will lead to long, drawn-out and expensive probate hearing. One of the above estate planning red flags on its own probably isn’t enough to keep an ethical attorney from drafting a will. However, if multiple factors arise, the motivations behind the estate plan must be addressed to determine the client’s capacity to create and sign the document and guarantee the estate plan isn’t being created under undue influence.

What happens after and uncoupling? You have questions; we have answers. I want to pretend my marriage never happened. Can I get it annulled? As unromantic as it sounds, marriage is, in part, a business arrangement. Simply wanting to pretend it did not happen or being unhappy is not enough to annul a marriage. No worries though. No matter how short or long you have been married, California is a no-fault divorce state, and you are entitled to a divorce if you want one. If you are considering an annulment, speak with an attorney to see if you can; otherwise, divorce it is. My ex is dragging out the divorce process and I am ready to get remarried. Is there a way to stop this? This is a super frustrating situation. Divorce is emotionally taxing, mentally draining, and can be financially devastating. So when you are done, you want to be done. You can ask the court to grant you divorce status so that you are legally single, even if you haven’t figured out all the property, support, custody, and other issues. You can also ask the court to start moving the case toward trial if it doesn’t look like you will reach an agreement. My ex is cohabitating and I am paying spousal support. Is there anything I can do? First, look at your divorce judgment to see what it says. In many cases you will be able to modify spousal support if your ex is living in a marital type relationship and has established a new standard of living. You may also be able to modify spousal support if the need for spousal support goes down. For example, someone else is assisting with their bills or they are making more money. I am in the middle of a divorce. If I die now, who inherits? It depends. Simply filing for divorce or being in a divorce proceeding does not change who inherits. Therefore, your current Will or Trust will stay in control. If there is neither of those, then your spouse will inherit some of the community and separate property. If you are getting divorced or separated, it is important to revisit your estate plan so that you can make sure that the people you want to inherit do so properly. 11 years together – never married – and we just separated. What happens now? Marriage certainly has its benefits. One is making sure that each person has rights to property and support. California does not recognize common law marriage, so if you are not legally married you are not married. This means that on separation you can take what is yours. But if there is any jointly owned property, you will have to file a civil lawsuit. Family law courts do not handle the division of non-marital property, but they will handle child custody, visitation, and child support, even when you are not married. My dogs are my family. How will the family law court treat my dogs? In 2019 California passed AB2274, a law that requires family law courts to award custody of a pet based on what is in the pet’s best interest. This could be individual or shared custody agreements. The law is specifically directed at pets. Therefore, I recommend individuals with animals reach out to a family law attorney to determine how the laws can help protect their animals and pets. Do you have questions about your current situation? Need solid advice and advocacy? Rachel King is an attorney licensed to practice law in California, Arizona, and Kentucky. She is the supervising attorney at King Law Firm Attorneys at Law, Inc. Throughout her career she has represented thousands of clients and is an experienced trial attorney. Rachel is a down-to-earth, fierce, and trustworthy advocate for her clients. Contact her today!

Ever since I started King Law Firm Attorney’s at Law, Inc., I’ve been committed to your legal success. Part of this commitment is the effective communication of information, which I’ve provided in various forms on this site. We offer plenty of links to information you may need to better understand your particular situation, and videos on our YouTube and TikTok pages offer everyone quick tips on what makes the law tick. In an effort to expand on this commitment, I’m proud to announce my new podcast, The Lawyer Kings. What is The Lawyer Kings Podcast? I started The Lawyer Kings Podcast with my dad, Patrick. Together, we will share our many years of knowledge in all facets of the law. We’ll answer any questions you may have about how the law works and we’ll talk with expert guests on everything from civil litigation and criminal justice to estate planning and family law. Most importantly, my dad and I will attempt to bridge the gap between old-school law practices, like paper everything, and twenty-first century digital-style practices. Who is Rachel King? Being raised in a family of attorneys, I had a clear idea of where I wanted to be in my career. I earned my Juris Doctor degree from Thomas Jefferson School of Law and served in the Army as a paralegal and Communication Specialist. Right now, my expertise is in estate planning, family law, bankruptcy, and real estate law. But, whatever your needs, I strive to provide professional representation that meets the diverse legal needs of each individual. As for licenses and accomplishments, I am an active member in good standing with the State Bar of California, the Riverside County Bar Association, Southwest Bar Association, Richard T. Fields Bar Association, and the American Bar Association. I’ve also developed the Attorney Mentor Program within the Southwest Valley Youth Court and was named one of the best probate attorneys in Murrieta, California in 2021 by Expertise.com. Who is Patrick King? My dad has been practicing law since 1982. He got his Juris Doctor from Southwestern University School of Law, after which he argued hundreds of appeals, including over 250 Supreme Court Appellate cases. Much like myself, my dad provides expert representation in wills, trusts, durable powers of attorney, divorce, guardianship, and child support. He also provides assistance with funeral directives, articles of incorporation, by-laws, and accident injuries. His licenses include the Nevada State Bar Association, Washoe County Bar Association, Douglas County Bar Association, American Bar Association, and Washoe, Carson and Douglas Bar Associations. You can visit his firm’s site at kingandrussolaw.com. Questions about the Law? The law is much more demanding than it’s portrayed on television. If you have a question about a specific case you may be dealing with or of the law in general, please fill out the form found on the official podcast site, TheLawyerKings.com. You can also listen to our weekly podcast on any of your favorite podcast stations.

The last thing anyone wants to do after a loved one passes away is to go to court over the decedent’s estate. Although probate can help establish an executor to oversee the distribution of assets and help the process run smoothly, there are times when an interested party will disagree with the decedent’s last will and testament, or in the handling of assets. When this occurs, probate litigation becomes necessary. What is Probate Litigation? Probate litigation is the legal process individuals will pursue to address a perceived wrong in the dispersing of a decedent’s property. Who Can File for Probate Litigation? Any interested party — an heir, beneficiary, trustee, spouse or creditor, to name a few — may file written opposition with the court for any of the following reasons: Contestation of a will, including the wording or construction of the documents; Redress for fiduciary breach because an executor or trustee failed in their commitment to abide by the instructions of the will; Wrongfully distributed property; Insufficient mental capacity of the decedent to make sound judgements; Undue influence of someone in power having taken advantage of the decedent; Tortious interference with inheritance claims; Power of Attorney disagreements; Designations in patient advocacy and living wills; Guardianship or conservatorship issues; Sibling rivalry, treating children differently, or excluding a child; Multiple marriages or pre-nuptial agreements; Improper signatures; and/or The decedent did not leave behind a will or trust and the descendants cannot agree upon the even distribution of assets. When Should Oppositions Be Filed? A written opposition may be filed at any time. It is always better to file an objection prior to the court making an official decision on the validity of the will or trust, as then the aggrieved party may call witnesses and submit evidence. Should the objection be filed after the will has been probated (found to be valid), the aggrieved will need to prove the will to be invalid. Is Hiring a Probate Litigation Attorney a Good Idea? Hiring an attorney who specializes in probate litigation is necessary to uphold the rights of the aggrieved during litigation. Probate litigation has many statutes that must be adhered to; improper procedures and a failure to go through the correct evidentiary process could lead to the wrong person gaining administrative duties, or the failure of an opposition request to be fulfilled. Be mindful to the fact that a probate litigation attorney (a trial lawyer who understands court processes and how to litigate the validity of wills and trusts) is different than an estate planning attorney (an attorney more familiar with the creation of wills and trusts than with court proceedings). Having the correct attorney in your corner during this process will be the linchpin for a desired outcome.

As a citizen of the United States, we all feel as if we know how laws should be enforced simply because “that’s how it’s done in my state.” What we all fail to understand (or don’t want to understand) is that each state has the constitutional right to create laws for the benefit of their residents, so long as they do not infringe on federal law. This means that there are a multitude of differences in state law when it comes to families, estates and business. Divorce When filing for a divorce in California, you are guaranteed at least six months before the divorce is finalized, as well as an equal distribution of property. However, many states, such as Oregon, do not have a required length of time to finalize a divorce, and some rely on equitable distribution of assets, which means all assets are divided fairly, if not equally. Child Support California is one of thirty-five states that utilizes the Income Shares Model, basing child support on the combination of both parents as if they were still living together. Twelve states, on the other hand, implement a version of the Percentage of Income Model, which is based solely on the noncustodial parent’s income, while three others use a more complicated model known as the Melson Formula, which takes the parents needs into consideration as well as the child’s. Estate Law Many estate planning laws differ between states. These include: Holographic Wills California accepts holographic wills while others do not, or in the case of Florida, only do so if they meet all the requirements of a standard will. Simple Templates If you have a small or simple estate in California, you can fill out a basic template that doesn’t get too technical. In other states, all statutory requirements must be met regardless of the size of the estate. Probate Costs At upwards of $500, California tends to be one of the more expensive states to open probate. In other states, the cost can be less than $250 and attorney’s fees are based on a sliding scale in relation to the size of the estate. Business Whether it be protections for minority shareholders or differing Intrastate laws, you must understand the differences in state laws to run a successful business. For example, in order to merge with or acquire another company in California, a majority share of each class of stock is required, whereas in other states, such as Delaware, all classes can vote together, making it more preferable for investors. Also be prepared to pay the California franchise tax fee if you plan to conduct business in California as an LLC, regardless of where your business is licensed. As you can see, consistency among laws across states is nearly non-existent, which is why you always want to have a great lawyer by your side to help navigate these laws so you’re never caught unaware at the most inopportune time.

The holidays can be either a relaxing get-away from your busy schedule or an extremely stressful proposition. Regardless of how you may feel, being around family is a great time to discuss major decisions with those that care about your future, as well as assess any potential issues that may have gone unnoticed during the hustle and bustle of your everyday life. Wills and Trusts It’s never too early to make sure members of your family have a will or living trust in place. It may seem simple, but there is quite a lot that goes into creating a will or trust that may not have immediately been considered. To begin, there are various types of wills and trusts, so figuring out which one is best suited for your needs is an important step. Then an executor or trustee must be designated, beneficiaries and heirs must be named, a list of assets must be drafted, and custody arrangements must be made, not to mention the possibility for charity contributions, business transfers and other legal matters that need to be addressed. Divorce Options Is one of your in-laws missing at the family Christmas party? Does one of your siblings continually complain about there spouse? Perhaps it’s time to discuss the possibility of divorce. It may be a difficult conversation to have, but if someone is unhappy, it may be time to break free of that negative energy. Discussing matters such as contestation, mediation, court proceedings, custody plans, asset distribution, and how to deliver the news to any children involved prior to filing any paperwork is a strong start in understanding what toll this process might take. Adoption Considerations The announcement of a pregnancy can occasionally trigger others to contemplate raising a child. Discussing these thoughts with family can help curb any fleeting decisions, but once it’s clear they are serious, it’s time to discuss the rewards and challenges of each age group and race or culture, whether or not there are strong financial and support systems in place, and how a child may affect the parent’s everyday lifestyle. Business Needs and Contracts One New Year’s resolution many people have is starting their own business or reevaluating current business plans and contracts. Either way, this is no easy feat. There are many things to consider when starting a new business: understanding the industry; figuring out your target market; choosing the business entity; building a business plan; working out the financial burdens; finding investors or business partners; and purchasing the right insurances to cover potential risks to the business. Most of all, you want to make sure you’re absolutely ready; and talking everything out with family is a good place to start. King Law Firm Attorneys at Law, Inc. is ready to discuss any of these issues with you over the holiday season and help give you peace of mind as we head into the new year. Happy Holidays and Happy New Year!

Performing due diligence when it comes to setting up an inheritance is highly recommended for anyone with a family. Having a living trust in place when your time on Earth has expired helps protect family members from lengthy and costly probate or contentious legal battles while they are still grieving your loss. However, no matter how much time and effort we place in building a living trust, mistakes still happen. Real property or other assets may sometimes be unintentionally left out or never transferred to the trust. In California, this type of oversight can be remedied by filing what’s known as a Heggstad Petition. What is a Heggstad Petition? The Heggsted petition was formed after the Heggsted estate probate ruling in 1993. Prior to his death, Mr. Heggstad failed to record a grant deed to formally transfer some property to the trust. However, because he had previously listed the property on the trust’s Schedule of Assets, there was a clear intent to transfer the property to the trust, which prompted the court to rule that it was, in fact, part of the trust. Since this ruling, this measure of intent has been redefined to include assets that aren’t listed on the Schedule of Assets but include written, legal proof that it was always the decedent’s INTENT to include the asset. When should I file a Heggstad Petition? Some reasons to file a Heggstad Petition include: Property not being transferred or being incomplete at the time of death; Flawed paperwork Failing to change the title of the property; or Failing to return the property to the trust after a refinance. Be aware that if the court denies the petition, the estate loses any fees associated with filing and may delay the distribution of assets even longer than a normal probate. How do I file a Heggstad Petition? Heggstad Petitions are filed under California Probate Code 850. You may file for a petition if you meet one or more of the following criteria: A trustee holds the title to the property, but another person claims ownership; A trustee claims title to a property that is held by someone else; or the property is claimed to be subject to a creditor There is no formal document to fill out, but there is specific information that must be included: A copy of the decedent’s trust, including the Schedule of Assets; Relevant decedent and beneficiary Information; A description of the assets in question; and Clear and legal documentation of the decedent’s intent to include the property in the trust. Filing a Heggstad Petition can be quite arduous; providing vague language, such as “all property” may not be beneficial or enough to grant the petition, and you must provide a 30-day notice to all interested parties before filing. Bottom line, you will definitely want to talk to a probate attorney to correctly file the Heggstad Petition.

Many of the millions of undocumented immigrants currently living in the United States are hardworking individuals who simply want to provide a better life for their families. Despite this, they struggle with the daily threat of deportation, a burden made heavier by the fear of possible separation from family members, including children, who are U.S. citizens. Though it’s scary to think about what one will do to survive if returned to their home country, one of the biggest concerns of deportation is not knowing whether the family you’re forced to leave behind will be taken care of financially. That’s why it’s always better to have some type of estate planning measures in place. The following are just a couple of options available if you are one of the millions struggling with this fear: Power of Attorney The simplest estate planning option is to grant a U.S. citizen power of attorney. Much the same way a living will might work, the grantor can include what should be done with particular assets, healthcare matters, and who may be designated as the guardian of their children. Self-Settled Trusts Setting up a self-settled trust (sometimes called a “deportation trust”) is a bit more complex. This type of trust works in a similar way to an asset protection trust, wherein the grantor and the beneficiary are the same person. The trust allows the grantor the ability to add guardianship details, stipulate the payment of debts and what should happen to assets not listed in the trust, and can be setup so that the beneficiary can receive discretionary payments approved by the trustee as long as the grantor is living in the United States. This type of trust protects real estate, bank accounts, businesses and personal property, making it difficult, if not impossible, for authorities to freeze or confiscate these assets should the grantor suddenly be forced to leave the U.S. There are three major hurdles one must consider before creating a self-settled trust: The grantor must first apply for an International Taxpayer Identification Number (ITIN) with the IRS. This allows the undocumented citizen to open a bank account needed to setup the trust. Only a handful of states currently allow self-settled trusts. California and Arizona do not recognize self-settled trusts, though California doesn’t necessarily prohibit them either. It’s just much harder to receive the benefits that the trust may allow. Advanced planning is critical. Most states apply a protection statute of limitation on the trust, requiring a set time a trust must be in place before benefits will go into full effect. Do not wait to set up the trust when deportation is imminent, otherwise, there may not be enough time to settle all affairs. For more information on these, or other estate planning options that may be available to you as an undocumented immigrant, or how taxation matters might affect you, contact a qualified immigration attorney.

I’ll take care of it tomorrow. How many times have you said this in the past year? It seems innocuous enough, especially when something is as trivial as mailing a letter or taking out the garbage. But there are some things, such as going to the doctor or planning your retirement, that could have major effects on your life if you continually wait until tomorrow. One of the biggest things many of us put off is drafting a will or putting together a trust. Most people understand that no one is guaranteed a set number of days, however, we also believe we have all the time in the world because nothing bad will ever happen to us. The truth is, life is unpredictable and it’s always better to make sure your loved ones are protected should tomorrow never come. This is especially true for couples who choose to remain unwed. Many believe the fallacy that even if you aren’t married, as long as you’re in a long-term, loving relationship, you’ll still receive all of your partner’s assets in the unlikely event of their death. It comes from the idea of a common-law marriage, wherein anyone living together for over seven years will automatically inherit their partners assets. However, there are only a few states that recognize common-law marriages, and neither California nor Arizona is one of them. In both California and Arizona, the law will always see unmarried couples as separate individuals. No matter how long you may have lived together, unless there is a will or trust that designates you as a beneficiary, only legally married and civil partners may inherit the deceased’s assets. Therefore, if someone were to die without a will or trust, the entire estate would be subject to intestate laws. This means that if you do not already co-own the assets (being a co-signer on a mortgage, having a shared bank account, etc.), all assets that were solely in the deceased’s name must go through intestacy. There are a few things you can do if you are caught in this situation, such as claiming beneficial interest — which is an interest in the economic benefit of the property — or rearrangement of the way the property is shared. In the case of housing, depending on whether you have joint tenancy (in which both parties own equal shares in the property) or Tenants-in-Common (in which each owner has a distinct and separate share in the property), you may have rights of survivorship or will see your partner’s shares divided to other rightful heirs. Bottom line: if you are living with a partner and do not wish to be legally married, make sure to have a will or trust in place. However, if you do happen to find tragedy strike without a will or trust, always seek out the expertise of a licensed attorney to help you navigate through the very complex, stressful and sometimes confusing matters of intestate.

In 1987, your mother purchased her home for $85,000. It’s now 2018 and the home is worth over $500,000. Better yet, it’s about to become yours. The caveat: the transfer of this property will immediately trigger reassessment of the property tax, which means you could end up paying a great deal more than what your mother currently pays. The good news is, there’s a simple way to avoid this reassessment of property tax. Proposition 13, combined with propositions 58 (and 193 for grandparents transferring property to grandchildren with deceased parents), allows for the filing of a simple two-page “Claim for Reassessment for Transfer Between Parent and Child” form with the county assessor’s office in order to waive this reassessment and continue to pay the current tax in accordance with Prop 13 guidelines. In other words, instead of paying property tax based on the current market value of the home (in this example, $500,000), you will continue paying no more than a 2% increase on the original base value of the home (or the original price for which the home was purchased; in this case, $85,000). For this exemption to take effect, you must file the correct form within three years from the date of transfer, or prior to the sale of the home to a third party. If you fail to fill out the form, or you do so after the three-year period, you will be subject to paying the property tax at the current market value for however many years you’ve owned the home prior to filing the paperwork or selling the property. It’s also important to understand that there is no exemption for sibling-to-sibling transfers, which means if you were to decide to sell your mother’s home to your sister, she would not be able to take the exemption. The same goes for a home that was willed to multiple siblings equally, and one wishes to sell their share to another sibling. In this case, the exemption would only apply to your portion of the inheritance, not to the portion you end up purchasing. For more information or to download the correct forms, check out the following links: Claim for Reassessment Exclusion for Transfer Between Parent and Child (Form BOE-58-AH) Claim for Reassessment Exclusion for Transfer from Grandparent to Grandchild (Form BOE-58-G) Riverside County Assesor’s Office Information about Propositions 58 and 193 Information on Reassessment Exemptions You may also contact the following branches of the county assessor for more information: Temecula: 41002 County Center Drive, #230, Temecula, CA 92591-6027; (951) 600- 6200 Hemet: 880 N. State Street, Suite B6, Hemet, CA 92543-1496; (951) 766- 2500 Palm Desert: 38686 El Cerrito Road, Palm Desert, CA 92211; (760) 863-7800 Blythe: 270 N. Broadway, Blythe, CA 92225-1608; (760) 921-5050

No matter what happens, no one can bring anything with them when they die. The most we can do to prepare for the inevitable is draft a will or trust, which guarantees that the assets left behind (the decedent’s estate) are transferred to the correct heirs. It seems easy enough, but the process of transferring the estate includes dozens of laws, also known as the California Probate Code, that must be followed. The Probate Code is one of 29 legal codes set up and governed by the California legislature to keep the general statuary laws of the state from becoming an overwhelming mess. This set of civil laws determines how the transfer of assets will be handled upon someone’s death, including rules and regulations for when there is a will or trust, when there isn’t a will or trust (also known as intestacy succession), or when a decedent isn’t survived by any family members, in which case, the estate will “escheat” to the state. The latter example rarely happens, as the government has done what it can to make sure that a decedent’s estate always has someone to go to. When someone is appointed as an executor or trustee, they must adhere to every law in the Probate Code, or else be subject to a lawsuit. To keep an executor or trustee honest and liable for mishandling of assets, the Probate Code also governs the fiduciary commitments and defines the liabilities of the executor or trustee. Because the Probate Code, like many other California Codes, are civil in stature, penalties for breaking one’s fiduciary commitments are almost always monetary, and in some cases, behavioral. This is because the reason for civil law is the redress of wrongs, so a guilty party is only liable for the compensation of this redress. The Penal Code, in contrast, is criminal in stature, so penalties for breaking criminal laws could include incarceration. Only the state may initiate a case in criminal law, and are almost always decided by a jury, whereas an individual or business may initiate a case in civil court, and these cases are almost always decided by a judge. Whatever the case may be, the Probate Code, like all other codes in California, is very complicated, and no one wants to end up in court because they didn’t know they were or weren’t supposed to do something. This is why it’s always a good idea to reach out to a knowledgeable probate attorney before trying to navigate any probate proceedings.