Trust, Probate and Conservatorship attorneys sometimes find themselves reviewing or mired in an estate-related civil lawsuit. Civil attorneys sometimes find themselves foundering inside a Probate Court. This class, previously taught as an advanced course to experienced California probate judges, discusses the interface of probate court and civil court, some of their most critical distinctions, and some their shared attributes.
- Distinguish both the similarities and the differences between procedures in California probate courts and California civil courts;
- Identify substantive and procedural tensions between the two court systems and how those tensions both manifest and most often resolve; and
- Integrate consolidation and bifurcation techniques to allow litigation attorneys to seek the best results for their clients while managing expectation.
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