Brian D. Lerner - Hire the Right Wills Attorney for Your Needs

1. Brian D. Lerner - Hire the Right Wills Attorney for Your Needs If you are going to take your estate case to probate court, you need to hire the right wills attorney for your needs states Brian D. Lerner The superior court has jurisdiction over probate matters (Cal Const art VI, §10 (original jurisdiction); Prob C §7050 (subject matter jurisdiction)). Like other superior courts, the probate court is a court of general jurisdiction (Prob C §800) explains Brian D. Lerner. Hiring the right wills attorney for your needs is critical as there are many deadlines and items that should be filed. Brian D. Lerner makes it clear that when acting under the authority of the Probate Code, the superior court is generally referred to as the “probate court” even though a separate probate court does not exist. When the superior court is divided into departments, the court sitting in probate is simply one department. Probate court jurisdiction is a multifaceted concept with different meanings in different situation explains Brian D. Lerner. Clearly, to hire the right wills attorney for your needs would show that for the probate court to have authority to hear and determine a case, the following must be established: Proof of “jurisdictional facts”; That subject matter jurisdiction requirements are met; and That constitutional due process requirements are met. Subject matter jurisdiction and jurisdiction based on meeting constitutional due process requirements are referred to as “fundamental jurisdiction,” as distinguished, for example, from those jurisdictional facts that do not involve subject matter jurisdiction explains Brian D. Lerner. The consequences because you did not hire the right wills attorney for your needs can result in failure to satisfy these different jurisdictional requirements and your case being thrown out of court.