“Double Damages” and Other Enhanced Remedies Under Probate Code Section 859

What enhanced remedies are parties entitled to recover under Probate Code section 859? Is it double damages, triple damages, or something else? There has been a district split, and now even a division split, on whether parties can receive “double damages” under Section 859. Recent case law sheds light on this issue, and the guests on this episode were counsel of record in two of those recent cases, enabling them to share key insights and an overview of where the law stands now on Section 859.

 About Our Guests:

 Cheryl Walsh

 Cheryl is an attorney at the Law Offices of Cheryl Walsh in San Juan Capistrano, California. She handles estate planning, trust and estate administration, trust and estate litigation, conservatorships, and elder law. Cheryl is a graduate of Loyola Law School and she is member of the Trusts and Estates Section of the California Lawyers Association. 

 Cheryl can be reached at cheryl@walshseniorlaw.com.

 Scott Ingold

 Scott is a partner at Higgs Fletcher & Mack in San Diego. He is a trust and estate litigator, licensed in both California and Nevada. Scott is a graduate of California Western School of Law, is a board member of the Probate Attorneys of San Diego, and is a member of the Trusts and Estate Section of the California Lawyers Association. 

 Scott can be reached at ingolds@higgslaw.com.

 About Our Host: 

 Matt Owens is a partner in the San Diego (Del Mar) office of Sheppard Mullin.  His practice is focused on trust, estate, and inheritance disputes.

 Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. He is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and served as Chair of the Executive Committee of the San Diego County Bar Association's Estate Planning, Trust, and Probate Law Section. He is ranked by Chambers in Private Wealth Disputes.

 Matt can be reached at mowens@sheppardmullin.com, on LinkedIn, or on X.


Sound Engineer: Cat Hammons

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