A Short Lesson on Choosing Probate or Civil Court | California Trust Litigation
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A Short Lesson on Choosing Probate or Civil Court | California Trust Litigation


California Superior Courts house both probate
departments and civil departments. There are cases like elder financial abuse
or disputes over an inheritance that may be filed in either the civil department or the
probate department. The probate department exercises jurisdiction
over proceedings brought under the California Probate Code. Abused beneficiaries generally have no right
to a jury trial in probate proceedings. On the other hand, a plaintiff in a civil
case has the right to try issues before a jury. This right is enshrined in our California
Constitution that states “Trial by jury is an inviolate right and shall be secured
by all …” We file and try elder financial abuse cases in the civil departments of the
Superior Court. Civil departments regularly address complex
procedural, evidentiary and punitive damage issues that may arise in such litigation. If our client is over the age of 70, they
might be entitled to priority in trial dates. Our job is to stop any ongoing harm against
a family estate or trust and then hold the perpetrator accountable in civil court. So this is a short lesson on choosing probate
or civil court when estate or trust assets are endangered by a wrongdoer through elder
financial abuse or undue influence. Every lawsuit has its own particular facts
and relationship with California’s governing law. If you are wondering whether your case could
be filed in the probate or civil department of the Superior Court, we’ll be happy to
discuss this with you. Hackard Law is dedicated to representing clients
and safeguarding their beneficiary and inheritance rights in Sacramento, Los Angeles, the Bay
Area and San Diego. You can reach us at 916-313-3030. Thank you.

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