Appealing a probate matter presents unique issues. In California, parties are not entitled to a jury in a probate trial. This closes the door on appeals based on all but the most egregious fact-finding errors. Further, the probate courts have significant leeway to issue equitable orders, often leaving a losing party with the uphill battle of proving an abuse of discretion. But some probate issues are still worth appealing. This presentation will discuss Federal and California issues that are trending through the appellate courts in probate, trust, and estate disputes.
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