Guth & Changaris, A Professional Law Corporation
We are experienced in offering informative and accurate estate planning, probate and trust administration guidance, allowing us to assist families with large and small estates.
This lawyer is licensed to practice in California and has no record of discipline from the California bar association. *
Guth & Changaris, A Professional Law Corporation
We are experienced in offering informative and accurate estate planning, probate and trust administration guidance, allowing us to assist families with large and small estates.
This lawyer is licensed to practice in California and has no record of discipline from the California bar association. *
Whether you are a farmer wishing to keep your land in your family, or a young couple wanting to provide protection and direction for your children, we can help.
We work diligently to understand your specific needs and goals before offering you advice so you can make the best decisions on all necessary estate planning documents, or to resolve probate and trust administration matters.
Whatever your family's needs, we strive to help you find the peace of mind to move on with your lives knowing that you and your loved ones will be cared for.
Main Office
474 Century Park Drive
Suite 300
Yuba City, CA 95991
(530) 674-9841
(530) 674-7818
-
Roseville Office - (916)774-7030
919 Reserve Drive, Suite 118
Roseville, CA 95678
We are experienced in offering informative and accurate estate planning, probate and trust administration guidance, allowing us to assist families with large and small estates.
.A loved one's legacy can ease the pain of loss by reminding heirs of a departed family member's enduring love. But when questions arise about the validity of testamentary documents or the management of estate assets, uncertainty can arouse animosity and prevent closure. If you, as a beneficiary, suspect that a will or trust does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging the assets of the estate or a trust, you have standing to raise that issue. On the other hand, an executor, trustee or estate administrator is entitled to a vigorous defense against accusations of incompetence or unlawful conduct. Guth & Changaris A Professional Law Corporation provides highly professional representation for aggrieved beneficiaries and accused fiduciaries in estate and trust disputes.
There are several bases for challenging the implementation of testamentary documents. These include:
Lack of capacity This ground alleges that the testator was not of sound mind at the time the will or trust was executed.
Undue influence Documents might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will or trust.
Fraud This ground alleges the testator was deceived about the contents of the documents at the time of execution.
Void for vagueness This ground asserts that the terms of a will or trust are open to conflicting interpretations and it is impossible to know which interpretation is correct. A challenger can prevent part or all of the will from being implemented.
Many probate and trust disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs. The court looks very harshly on this type of elder exploitation. However, it is important to note that disappointment is not grounds for an heir to challenge a will or trust. All challenges must be supported by reliable evidence.
Breach of fiduciary duty in estate settlement and trust management
The executor of a will, administrator of an intestate estate or the trustee of a trust is a fiduciary with a legal duty to manage the assets of the trust or estate according to the testator's wishes and for the benefit of the beneficiaries. The fiduciary must perform at a professional standard so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge deliberate or negligent misconduct and demand a full accounting. Our attorneys have vast experience on both sides of trust and estate controversies. Our firm has close associations with forensic accountants who can render accurate assessments of asset management and help us assemble evidence to prove or rebut allegations.
John graduated from the University of Southern California in 1967 with a degree in Business Administration with an emphasis in Accounting. He passed the CPA exam and went on to Loyola Law School, graduating in 1970. He is authorized to practice before all California Courts as well as the United States Supreme Court.
In 1990, John was designated as a specialist in Estate Planning, Trusts and Probate Law by the Board of Legal Specialization of the State Bar of California. He has continued his education and maintained his status as a specialist. For many years, John has received the highest rating from Martindale-Hubbell, the Premier Attorney Rating Service, having been designated "AV" or "Preeminent.
After graduating from Law School, John served as an Assistant United States Attorney for the Central District of California. In 1975, he went into private practice in Marysville and later in Yuba City. John, his wife Maureen, their four children, seven grandchildren, and one great-grandchild all reside in Yuba City.
John has often spoken to the Yuba Sutter Bar Association and other organizations on estate planning. He is also actively involved in the community and his church. He was involved in the formation of four non-profit community organizations, Sutter-Yuba Friday Night Live, Yuba-Sutter Right to Life, Yuba-Sutter Estate Planning Counsel, and the Estate Planning Professionals.
Although John has been practicing law for many years, he is still very enthusiastic about his work and, in particular, planning before death to avoid problems and resolving problems after death. His top priorities are providing his clients with peace of mind and family harmony, while avoiding unnecessary taxes, expenses, delays and public exposure of their assets.
Loyola Law School
Juris Doctorate, 1970
John graduated from the University of Southern California in 1967 with a degree in Business Administration with an emphasis in Accounting. He passed the CPA exam and went on to Loyola Law School, graduating in 1970. He is authorized to practice before all California Courts as well as the United States Supreme Court.
In 1990, John was designated as a specialist in Estate Planning, Trusts and Probate Law by the Board of Legal Specialization of the State Bar of California. He has continued his education and maintained his status as a specialist. For many years, John has received the highest rating from Martindale-Hubbell, the Premier Attorney Rating Service, having been designated "AV" or "Preeminent.
After graduating from Law School, John served as an Assistant United States Attorney for the Central District of California. In 1975, he went into private practice in Marysville and later in Yuba City. John, his wife Maureen, their four children, seven grandchildren, and one great-grandchild all reside in Yuba City.
John has often spoken to the Yuba Sutter Bar Association and other organizations on estate planning. He is also actively involved in the community and his church. He was involved in the formation of four non-profit community organizations, Sutter-Yuba Friday Night Live, Yuba-Sutter Right to Life, Yuba-Sutter Estate Planning Counsel, and the Estate Planning Professionals.
Although John has been practicing law for many years, he is still very enthusiastic about his work and, in particular, planning before death to avoid problems and resolving problems after death. His top priorities are providing his clients with peace of mind and family harmony, while avoiding unnecessary taxes, expenses, delays and public exposure of their assets.
Loyola Law School Juris Doctorate, 1970
Penny graduated with Honors from McGeorge School of Law. She also holds a Bachelor of Science in Business Administration from the University of Southern California. Admitted to the California State Bar in 1992, she has focused her practice on estate planning, trust administration, probate, conservatorships, and elder law.
Penny is also very active in her church, St. Anna Greek Orthodox Church in Roseville, California, having served as Parish Council President for three terms, and Vice-President for one term.
She continues to sit on the Parish Council and the Capital Campaign Committee organized to raise money to build their church campus. Having raised three children who are now grown, Penny lives in Roseville with her husband Pete and their Maltipoo, Furly.
Areas of Practice
Estate Planning
Trust Administration
Probate
Conservatorships
Elder Law
Medi-Cal Planning
Bar Admissions: California, 1992
McGeorge School of Law. University of the Pacific
Juris Doctorate with Honors, 1990
Penny graduated with Honors from McGeorge School of Law. She also holds a Bachelor of Science in Business Administration from the University of Southern California. Admitted to the California State Bar in 1992, she has focused her practice on estate planning, trust administration, probate, conservatorships, and elder law.
Penny is also very active in her church, St. Anna Greek Orthodox Church in Roseville, California, having served as Parish Council President for three terms, and Vice-President for one term.
She continues to sit on the Parish Council and the Capital Campaign Committee organized to raise money to build their church campus. Having raised three children who are now grown, Penny lives in Roseville with her husband Pete and their Maltipoo, Furly.
Areas of Practice
Estate Planning
Trust Administration
Probate
Conservatorships
Elder Law
Medi-Cal Planning
Bar Admissions: California, 1992
McGeorge School of Law. University of the Pacific Juris Doctorate with Honors, 1990
Amy Byrne worked as a paralegal for this firm for over ten years. She is now an attorney and has focused her practice on estate planning as well as probate and trust administration, guardianships and conservatorships.
Amy graduated from University of the Pacific, McGeorge School of Law, Sacramento, California with her Juris Doctorate in 2011. She lives in Yuba City with her husband and two daughters.
University of the Pacific, McGeorge School of Law
Juris Doctorate, 2011
Amy Byrne worked as a paralegal for this firm for over ten years. She is now an attorney and has focused her practice on estate planning as well as probate and trust administration, guardianships and conservatorships.
Amy graduated from University of the Pacific, McGeorge School of Law, Sacramento, California with her Juris Doctorate in 2011. She lives in Yuba City with her husband and two daughters.
University of the Pacific, McGeorge School of Law Juris Doctorate, 2011
Whether you are a farmer wishing to keep your land in your family, or a young couple wanting to provide protection and direction for your children, we can help.
We work diligently to understand your specific needs and goals before offering you advice so you can make the best decisions on all necessary estate planning documents, or to resolve probate and trust administration matters.
Whatever your family's needs, we strive to help you find the peace of mind to move on with your lives knowing that you and your loved ones will be cared for.
Main Office
474 Century Park Drive
Suite 300
Yuba City, CA 95991
(530) 674-9841
(530) 674-7818
-
Roseville Office - (916)774-7030
919 Reserve Drive, Suite 118
Roseville, CA 95678
We are experienced in offering informative and accurate estate planning, probate and trust administration guidance, allowing us to assist families with large and small estates.
.A loved one's legacy can ease the pain of loss by reminding heirs of a departed family member's enduring love. But when questions arise about the validity of testamentary documents or the management of estate assets, uncertainty can arouse animosity and prevent closure. If you, as a beneficiary, suspect that a will or trust does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging the assets of the estate or a trust, you have standing to raise that issue. On the other hand, an executor, trustee or estate administrator is entitled to a vigorous defense against accusations of incompetence or unlawful conduct. Guth & Changaris A Professional Law Corporation provides highly professional representation for aggrieved beneficiaries and accused fiduciaries in estate and trust disputes.
There are several bases for challenging the implementation of testamentary documents. These include:
Lack of capacity This ground alleges that the testator was not of sound mind at the time the will or trust was executed.
Undue influence Documents might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will or trust.
Fraud This ground alleges the testator was deceived about the contents of the documents at the time of execution.
Void for vagueness This ground asserts that the terms of a will or trust are open to conflicting interpretations and it is impossible to know which interpretation is correct. A challenger can prevent part or all of the will from being implemented.
Many probate and trust disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs. The court looks very harshly on this type of elder exploitation. However, it is important to note that disappointment is not grounds for an heir to challenge a will or trust. All challenges must be supported by reliable evidence.
Breach of fiduciary duty in estate settlement and trust management
The executor of a will, administrator of an intestate estate or the trustee of a trust is a fiduciary with a legal duty to manage the assets of the trust or estate according to the testator's wishes and for the benefit of the beneficiaries. The fiduciary must perform at a professional standard so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge deliberate or negligent misconduct and demand a full accounting. Our attorneys have vast experience on both sides of trust and estate controversies. Our firm has close associations with forensic accountants who can render accurate assessments of asset management and help us assemble evidence to prove or rebut allegations.
John graduated from the University of Southern California in 1967 with a degree in Business Administration with an emphasis in Accounting. He passed the CPA exam and went on to Loyola Law School, graduating in 1970. He is authorized to practice before all California Courts as well as the United States Supreme Court.
In 1990, John was designated as a specialist in Estate Planning, Trusts and Probate Law by the Board of Legal Specialization of the State Bar of California. He has continued his education and maintained his status as a specialist. For many years, John has received the highest rating from Martindale-Hubbell, the Premier Attorney Rating Service, having been designated "AV" or "Preeminent.
After graduating from Law School, John served as an Assistant United States Attorney for the Central District of California. In 1975, he went into private practice in Marysville and later in Yuba City. John, his wife Maureen, their four children, seven grandchildren, and one great-grandchild all reside in Yuba City.
John has often spoken to the Yuba Sutter Bar Association and other organizations on estate planning. He is also actively involved in the community and his church. He was involved in the formation of four non-profit community organizations, Sutter-Yuba Friday Night Live, Yuba-Sutter Right to Life, Yuba-Sutter Estate Planning Counsel, and the Estate Planning Professionals.
Although John has been practicing law for many years, he is still very enthusiastic about his work and, in particular, planning before death to avoid problems and resolving problems after death. His top priorities are providing his clients with peace of mind and family harmony, while avoiding unnecessary taxes, expenses, delays and public exposure of their assets.
Loyola Law School
Juris Doctorate, 1970
John graduated from the University of Southern California in 1967 with a degree in Business Administration with an emphasis in Accounting. He passed the CPA exam and went on to Loyola Law School, graduating in 1970. He is authorized to practice before all California Courts as well as the United States Supreme Court.
In 1990, John was designated as a specialist in Estate Planning, Trusts and Probate Law by the Board of Legal Specialization of the State Bar of California. He has continued his education and maintained his status as a specialist. For many years, John has received the highest rating from Martindale-Hubbell, the Premier Attorney Rating Service, having been designated "AV" or "Preeminent.
After graduating from Law School, John served as an Assistant United States Attorney for the Central District of California. In 1975, he went into private practice in Marysville and later in Yuba City. John, his wife Maureen, their four children, seven grandchildren, and one great-grandchild all reside in Yuba City.
John has often spoken to the Yuba Sutter Bar Association and other organizations on estate planning. He is also actively involved in the community and his church. He was involved in the formation of four non-profit community organizations, Sutter-Yuba Friday Night Live, Yuba-Sutter Right to Life, Yuba-Sutter Estate Planning Counsel, and the Estate Planning Professionals.
Although John has been practicing law for many years, he is still very enthusiastic about his work and, in particular, planning before death to avoid problems and resolving problems after death. His top priorities are providing his clients with peace of mind and family harmony, while avoiding unnecessary taxes, expenses, delays and public exposure of their assets.
Loyola Law School Juris Doctorate, 1970
Penny graduated with Honors from McGeorge School of Law. She also holds a Bachelor of Science in Business Administration from the University of Southern California. Admitted to the California State Bar in 1992, she has focused her practice on estate planning, trust administration, probate, conservatorships, and elder law.
Penny is also very active in her church, St. Anna Greek Orthodox Church in Roseville, California, having served as Parish Council President for three terms, and Vice-President for one term.
She continues to sit on the Parish Council and the Capital Campaign Committee organized to raise money to build their church campus. Having raised three children who are now grown, Penny lives in Roseville with her husband Pete and their Maltipoo, Furly.
Areas of Practice
Estate Planning
Trust Administration
Probate
Conservatorships
Elder Law
Medi-Cal Planning
Bar Admissions: California, 1992
McGeorge School of Law. University of the Pacific
Juris Doctorate with Honors, 1990
Penny graduated with Honors from McGeorge School of Law. She also holds a Bachelor of Science in Business Administration from the University of Southern California. Admitted to the California State Bar in 1992, she has focused her practice on estate planning, trust administration, probate, conservatorships, and elder law.
Penny is also very active in her church, St. Anna Greek Orthodox Church in Roseville, California, having served as Parish Council President for three terms, and Vice-President for one term.
She continues to sit on the Parish Council and the Capital Campaign Committee organized to raise money to build their church campus. Having raised three children who are now grown, Penny lives in Roseville with her husband Pete and their Maltipoo, Furly.
Areas of Practice
Estate Planning
Trust Administration
Probate
Conservatorships
Elder Law
Medi-Cal Planning
Bar Admissions: California, 1992
McGeorge School of Law. University of the Pacific Juris Doctorate with Honors, 1990
Amy Byrne worked as a paralegal for this firm for over ten years. She is now an attorney and has focused her practice on estate planning as well as probate and trust administration, guardianships and conservatorships.
Amy graduated from University of the Pacific, McGeorge School of Law, Sacramento, California with her Juris Doctorate in 2011. She lives in Yuba City with her husband and two daughters.
University of the Pacific, McGeorge School of Law
Juris Doctorate, 2011
Amy Byrne worked as a paralegal for this firm for over ten years. She is now an attorney and has focused her practice on estate planning as well as probate and trust administration, guardianships and conservatorships.
Amy graduated from University of the Pacific, McGeorge School of Law, Sacramento, California with her Juris Doctorate in 2011. She lives in Yuba City with her husband and two daughters.
University of the Pacific, McGeorge School of Law Juris Doctorate, 2011
This lawyer is licensed to practice in California and has no record of discipline from the California bar association. *
* Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers. Any past disbarments and suspensions (with possible exceptions for minor violations or nonpayment of dues, in our discretion) will be indicated accordingly in the badge. Member attorneys are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.
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This lawyer is licensed to practice in California and has no record of discipline from the California bar association. *
* Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers. Any past disbarments and suspensions (with possible exceptions for minor violations or nonpayment of dues, in our discretion) will be indicated accordingly in the badge. Member attorneys are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.
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