Bay Area Probate Attorney

The Law Office of George M. Derieg on Google During times of crisis it is even more important than ever to have your affairs in order. Probate can be such a difficult problem for families. Make sure you have things lined up. We can help set up estate plans for your family now. But if there is no estate plan in place we can help navigate throug...

http://eastbayattorney.tumblr.com/post/94861244664In re Daniel Kloiber Dynasty Trust

Aug 07, 2014

During divorce proceedings between Daniel Kloiber (Dan) and Beth Ann Kloiber the Kentucky Family Court issued status quo orders that restricted Dan in his capacity as a human being over whom the Kentucky Family Court had personal jurisdiction, thereby restricting Dan’s actions as special trustee of the Daniel Kloiber Dynasty Trust and sole manager of three LLCs. Dan subsequently resigned from his positions and appointed Nick Kloiber as special trustee. Nick proceeded to take action contrary to the status quo orders, and the Kentucky Family Court issued a rule to show cause why Nick should not be held in contempt. PNC Delaware Trust Company (PNC), the trustee of the Dynasty Trust, and Nick filed petitions seeking instructions and declarations from the Court of Chancery, arguing that the Kentucky Family Court improperly asserted jurisdiction over the trustee, special trustee and trust and was requiring them to take actions contrary to their fiduciary duties. The Court of Chancery denied Nick’s application for a temporary restraining order (TRO) to prevent Beth from seeking to enforce the status quo orders, including the pending rule to show cause, holding that, because the Kentucky Family Court was not interfering with the Court’s jurisdiction, Nick lacked a colorable claim on which to base a TRO. In re Daniel Kloiber Dynasty Trust is a case where there was a trust in place that was in control of multiple businesses held under an LLC (Limited Liability Corporation). During divorce proceedings, it is impossible to change your estate plan because there are multiple restraining orders preventing you from touching community assets until the court or both parties agree to a division of assets.

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In this case one party decided to give control of the LLCs to another party, and that party changed some financial issues which were in direct violation of the family court restraining orders. The other party filed suit to enforce the family court orders maintaining a status quo. The party at fault requested the court to instruct him on the correct procedure, and also argued that the family court did not have jurisdiction over the newly appointed trustee. The court held that they did have jurisdiction and the case was remanded.

It is imperative to follow all court orders while going through a divorce. However, once a divorce is final, you must at least update your estate plan, or to better protect your assets and your final wishes, you should just have a new estate plan drawn up. The Law Office of George Derieg will help you obtain a complete estate plan in the state of California.Latest from the blog

http://eastbayattorney.tumblr.com/post/108572759519For no fault of their own, most probate courts are staffed by court clerks, court staff, probate examiners, etc… who are overworked. It is getting harder and harder to probate an estate easily as a pro per (or as your own attorney).

It is imperative that you hire a lawyer who knows how to process your deceased loved ones assets through probate as fast as legally possible. You don’t want the estate to languish more than a year, because tax implications get more complicated, and the court will most likely order you to appear in the event it lays dormant.

I have been able to process almost every probate case in Alameda County within a year or shorter. I will also negotiate with all creditors. In many of my cases I have paid for my probate fees just in teh amount of money I was able to have dismissed or discharged from creditors.

Law Firm Probate Policy

I will meet with all clients once a month to give any updates on their case.

I will negotiate with all creditors so you don’t have to. As an attorney, most creditors will balk at requesting the full amount owed.

I will make sure in the event a home is being sold, that the realtor of your choosing, and the title company has all the requisite paperwork in order to sell the property fast.

I will notify all pertinent government agencies whether state of federal to satisfy California Probate Codes before closing the estate.

In some cases I will even grant a discount depending on your life situation, or if you are currently on active duty with the United States Military.

Last but not least of all: I will personally answer all calls to my office on off hours and weekends.

Call now for a free consultation. 510-355-2747

Alameda County Probate Attorney

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http://eastbayattorney.tumblr.com/post/108278233199Alameda County Probate Attorney 510-355-2747

It is very important to hire a trusts and estates attorney who can spot a red flag a mile away. In the case below, a man filed for divorce, but never served his wife with the summons that restricts financial transfers of assets during the divorce process. Four years go by, and the man dies. Since the wife was never served with process, the man is not bound by the temporary restraining orders in the family court summons.

Contact Alameda County Probate Attorney, George Derieg for all your trusts and estates needs. We offer free consultations, and only charge for actual work.

In Re Estate of Corrigan

In 2008, William Corrigan filed for a divorce from his wife, Mary Helen Corrigan. The district court issued temporary restraining order (TRO) that prohibited William and Mary from changing the beneficiaries of any insurance. However, the TRO was never served on Mary. In 2012, William amended the terms of his IRA account with State Farm, removing Mary as beneficiary and naming his adult children as primary beneficiaries. After William died, Mary alerted State Farm that she would make an elective share claim on the IRA. Litigation ensued. The district court granted summary judgment to the adult children, concluding that the TRO was invalid. The Supreme Court affirmed, holding (1) because William did not serve Mary with the TRO in the three years allotted for service, the TRO was rendered ineffective, and therefore, William was not prohibited from amending his IRA; and (2) as a result, the district court did not err in finding that the adult children were the primary beneficiaries of the IRA account.

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Alameda County Probate Attorney

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