Choosing to File in Probate or Civil

Probate matters and general civil matters can sometimes be seen as operating in two separate worlds.  However, in practice, these worlds often interact with one another.  In this episode, we are covering probate and civil crossover issues.  We discuss a lot of the basic concepts and considerations given when choosing to file either a probate or civil case and dealing with concurrent litigation.  We also briefly address some new legislation as well as other practice tips that may prove helpful in tackling these issues.

About Our Guests

Ben Futernick is a research attorney in the Civil Division of the Los Angeles Superior Court.  Ben has experience working on both the civil side and probate side, including the assignment of relating cases to one another.  He recently coauthored two MCLE articles for the Daily Journal entitled “Introduction to Powers and Duties of Guardians Ad Litem” and “Minor's Compromises and Possible Changes to Guardian Ad Litem Statutes.”

David Gibson is a probate attorney for the Los Angeles Superior Court.  David previously worked as a research attorney in the probate department handling law and motion matters and, in private practice, advised and represented clients in family law proceedings.

Erin Norcia is a partner at Temmerman, Cilley & Kohlmann, LLP.  Erin’s practice focuses on trust, probate, and conservatorship litigation.  She is a member of the California Lawyer Association Trusts and Estates Section’s Executive Committee.  Erin is also a fellow of the American College of Trust and Estate Counsel (ACTEC) and is an Adjunct Professor of the Wills & Trusts Course at Santa Clara University School of Law.

About Our Host

Ryka Farotte is a research attorney at the Los Angeles County Superior Court.  He is currently a member of the Executive Committee of the California Lawyer Association’s Trusts and Estates Section.

Produced by
Foley Marra Studios (thefoleymarrastudios.com)

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Trust Me is Produced by Foley Marra Studios
Edited by Todd Gajdusek and Cat Hammons