Law Blog - cabolawoffice
CALIFORNIA STANDING IN WRONGFUL DEATH ACTION LIMITED TO CHILDREN WHO HAVE A RIGHT TO INHERIT UNDER CALIFORNIA INTESTATE SUCCESSION.
New Case: Stennett v. Miller (2019) “California’s wrongful death statute establishes that standing to sue for wrongful death turns on whether the plaintiff has a right to inherit from the decedent under California’s intestate succession statutes. In this particular case, the child has no right to inherit from the decedent because he never openly held […]Read More »
New Case: Marriage of Brooks (2019) Court applied the Van Camp formula to apportion the appreciation of company stock during the marriage. Utilizing this approach, the court characterized the increased value of the stock after marriage as return on Husband’s separate property, finding that Husband did not contribute to the growth of the business after […]Read More »
CALIFORNIA TRUSTS AND ESTATES: PROBATE COURT MAY AWARD ATTORNEYS FEES TO A PARTY WHOSE EFFORTS HAVE RESULTED IN A SUBSTANTIAL BENEFIT TO THE TRUST BENEFICIARIES.
New Case: Smith v. Szeyller (January 16, 2019) The Court of Appeal affirmed. Under the substantial benefit doctrine, a trial court may award fees to be shared by others upon whom a benefit was conferred, when a litigant, proceeding in a representative capacity, obtains a decision that results in a substantial benefit to all beneficiaries. […]Read More »
NEW CASE: Molinaro v. Molinaro. The Second District reversed a Los Angeles County trial court’s RESTRAINING ORDER prohibiting husband from posting “anything about the case on Facebook” as overbroad and an impermissible infringement of his free speech rights. “It is certainly in the best interests of any children of divorce that the adults in their […]Read More »
RESTRAINING ORDERS: VIOLATION OF A PRIOR RESTRAINING ORDER CONSTITUTES ABUSE UNDER THE DOMESTIC VIOLENCE PREVENTION ACT.
New Case: N.T. v. H.T. Forth Appellate District: The Fourth District reversed an Orange County trial court’s denial of Wife’s Restraining Order request “for acts specifically violating the temporary restraining order the trial court had issued against the husband eight months earlier. The court denied the Restraining Order on the ground that a technical violation […]Read More »
Trust and Estates: If a trustee has acted reasonably and in good faith under the circumstances, the California Probate Court has discretion to excuse liability for a breach of trust if it would be equitable to do so.
New Case: Orange Catholic Foundation v. Arvizu – filed Oct. 17, 2018, Fourth District, Div. Three. Probate Code section 16440, subdivision (b) provides that if a “trustee has acted reasonably and in good faith under the circumstances as known to the trustee,” a court has discretion to excuse him or her from liability for a breach […]Read More »
Family Law- Parties’ prior understanding expressed in Marital Settlement Agreement or Stipulated Judgment must be considered when Modifying Spousal Support.
New Case: In re Marriage of T.C. and D.C. – filed Dec. 18, 2018, Fourth District, Div. One. Where a Marital Settlement Agreement concerning Spousal Support reflects the parties’ understanding that the wife’s income includes a pattern of increases, future increases consistent with this pattern would not amount to changed circumstances sufficient to justify a modification […]Read More »
Family Law -Order Allowing Removal of the Minor Child From California is stayed from enforcement 30 days from the entry of the judgment or order.
New Case: Lief v. Superior Court (Nissan) – filed Dec. 6, 2018, publication ordered Jan. 2, 2018, Fourth District, Div. One. A judgment or order of the family court allowing removal of a minor child from California is stayed “for a period of 30 calendar days from the entry of judgment or order” pursuant to Code of […]Read More »
Seeking an Attorney for Family Law? Orange County’s Gregory Cabo Provides the Personal Attention You Deserve
When you begin looking for an attorney for family law, Orange County lawyers may share many similarities at first glance. They may talk about their experience, their expertise, and their skill in settlement negotiations or trial. While each of these factors is important, one of the most essential but overlooked aspects of your legal experience […]Read More »
Diligent estate planning is one of the best ways to avoid contested wills, probate litigation and other legal complications that arise in the wake of an individual’s passing. Such costly and time-consuming estate administration matters are most often caused by insufficient or non-existent wills left behind by the decedent. But by working with an Orange […]Read More »
The first few weeks after the passing of a loved one are never easy—but uncertainty over the decedent’s estate can unduly complicate this emotionally trying time. The best way to alleviate this burden on your heirs is to consult an experienced Orange County estate planning lawyer. Gregory W. Cabo, Attorney at Law can help provide […]Read More »
Hire an Experienced Restraining Order Attorney, With Gregory Cabo Orange County Clients Get The Representation They Deserve.
People who are in an abusive relationship—whether it is with a spouse, relative, cohabitant, or boyfriend / girlfriend—may seek help from the court. For guidance in the process, they often work with legal counsel familiar with these types of cases, such as a “restraining order attorney.” Orange County’s Gregory W. Cabo has demonstrated the value […]Read More »
Probate is the legal process by which an individual’s legal and financial affairs are wound up after their death. Probated estates do not always yield lawsuits, but if there is any chance that one may arise, such as a challenge to the decedent’s will or trust, it’s advisable that you contact an Orange County probate […]Read More »
Probate law deals with the transfer of a person’s estate after they have passed away. With the help of a probate law attorney, Orange County clients can ensure that this process is executed efficiently and properly. Probate is usually necessary when the deceased doesn’t have a proper estate plan in place. For example, if a […]Read More »
When a person passes away and does not have a formal estate plan, the estate may require probate court involvement. If you are an heir or interested person, this is the time to consider hiring an Orange County probate attorney. Working with a probate litigation attorney, Orange County clients benefit from expertise in the management […]Read More »
When you are looking for an Orange County attorney for family law, you should have a few requirements. You want someone with experience who will understand your situation to advise you sensibly in your case. A lawyer with specific experience as a family attorney. Orange County clients also may look for a professional with a well-regarded […]Read More »
Are You Looking for a Probate Law Lawyer? Orange County’s Gregory W. Cabo is Your Experienced Professional
In cases in which people have not established a living trust before their death, their assets may go through the process of “probate.” Because of the way probate works, those involved in the process should seek the advise of an experienced probate law lawyer. Orange County residents can reduce the stress, complexity, and time-consuming nature […]Read More »
A divorce, dissolution of marriage or legal separation can complicate your personal life on both an emotional and financial level. Orange County divorce lawyer Gregory W. Cabo can ease this transition by guiding you through the legal process from start to finish. With over a decade of experience practicing family law in California, Gregory is […]Read More »
Hiring a Restraining Order Attorney: Orange County’s Gregory W. Cabo Provides Details about the Process
Gregory W. Cabo is a knowledgable family law lawyer who guides clients through some of their most difficult challenges. With his experience as a restraining order attorney, Orange County clients can establish their rights, protect themselves, and secure the well-being of their children. Typically, clients approach Mr. Cabo with a lot of questions about what […]Read More »
If you or someone you know is threatened or harmed by the actions of another person, consider the services of a restraining order attorney. Orange County lawyers with experience in domestic violence restraining orders can represent you with getting a restraining order. Read on to learn more. Restraining Orders: What They Cover The first thing […]Read More »
When a relative passes away in California and their estate enters into probate administration, you may receive a California Judicial Counsel Form DE-120 entitled “Notice of Hearing—Decedent’s Estate or Trust.” It comes as no surprise that those unfamiliar with California probate law usually have no idea what to do next. Fortunately, Orange County probate litigation […]Read More »
Often, a person will pass away and leave no planning document behind. This leaves their assets up to the probate court for disposition. As a probate attorney, Orange County lawyer Gregory Cabo assists the parties involved in these cases. An executor is responsible for administering the estate and is generally a relative or other interested […]Read More »
When a marriage ends, the legal decisions that follow can affect you for the rest of your life. With the right family law attorney, Orange County residents can ensure that they are receiving the right guidance in these matters. Many qualities can help you determine if a lawyer will be able to represent you well, […]Read More »
Orange County probate lawyer Gregory W. Cabo helps families fulfill the complex legal and financial obligations that arise after a loved one passes on. Whether you are planning for the future or responding to the recent deceased family member, The Law Offices of Gregory W. Cabo will guide you through the legal process of winding […]Read More »
The California probate law exists to formally and equitably wind up estates via a legal process overseen by a judge. In order to ensure that all interested parties, beneficiaries and heirs have formal notice and an opportunity to assert their claims, California probate matters are carried out publicly. In addition, notice of the probate is […]Read More »