September 8, 2023

Estate of Sanchez

California Lawyers Association Trusts and Estates Section
Jaime B. Herren

Private Wealth Services attorney Jaime Herren authored a summary for the California Lawyers Association of a case concerning representation in propria persona of an estate. In the case, a man left half of his home to his wife and half to his children from another relationship. His eldest child, who was appointed executor and personal representative, filed for partition under California Probate Code Section 850, and his wife move to strike on the basis that the personal representative could not proceed without counsel. The matter eventually moved to the appellate court, which affirmed that a personal representative making claims for the benefit of estate beneficiaries amounts to the unauthorized practice of law on their behalf, meaning that she needed counsel to proceed.

READ: Estate of Sanchez

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