Author Archives: Edward B. Batista

About Edward B. Batista

The Law Office Of Edward B. Batista. Offices in Sacramento and Nevada City. Specializing in estate litigation, estate planning, wills/trusts, probate, contracts and real estate.

Pi And The Law

Recently it was national “Pi” day and I posted something on Facebook (see below) about how the real importance of Pi is misunderstood.  I explained that Pi’s primary importance is how it allows us to mathematically speak of “circle-ness” (or rotation … Continue reading

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“Power Of Appointment” — a living trust trap!

In my experience as an estate litigator in the field of family trusts I have seen one clause that has caused more unwitting catastrophes than any other — that clause is called a “power of appointment.”  A “power of appointment” … Continue reading

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I’ve Been Slandered Online! Now What!?

Hello All!  I have learned the hard way how easy it is for crazies to slander people on the internet.  In my case it was me, an attorney, who got slandered — I was accused of being in a conspiracy … Continue reading

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A Big Problem In Trusts for Blended Families

The biggest problem I see with family trusts is when they allow one spouse to completely amend the trust after the death of the other spouse.  Often it’s for the purpose of disinheriting the deceased spouse’s kids from a prior marriage.  Ouch. Here … Continue reading

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Lament on a Few Bad Lawyers

I’ve been trying to succinctly nail a description of what I despise about some (SOME) lawyers for years.  I finally have it.  It’s like playing every possible musical note on every single beat … nothing is left out, but nothing … Continue reading

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A Heartbreaking Custody Case

Up before the Supreme Court right now is a case where parents were forced to give up their adopted two-year old girl that they’ve had since birth.  It’s a crazy and sad story. The Birth Mother gave the child up … Continue reading

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Come on now Pennsylvania!

I just read an article where a recently widowed mother and her now fatherless two kids moved to Pennsylvania to start over.  They bought a house only to find out there’d been a recent murder/suicide there.  The mother knew before … Continue reading

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RESPECT … and lack of…

I had to go to the Sacramento County Court the other day – what a nightmare.  I got a lesson in abuse and disrespect.  I was there to clear up a fix-it ticket that had gone to warrant — the … Continue reading

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Do It Yourself: Practical Advice To Find The Law You Need

Lately I’ve been posting a bit on the philosophical side, so, in this post I’m going to get very practical with tips for non-lawyers on legal research and how the system basically works.  Finding the law you need is not … Continue reading

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Stepping Outside The Legal Box and Into Fairness Through Equity

The idea of equity as a legal doctrine is designed to prevent injustice that might occur by a strict application of a particular rule of law.  Basically, a court can override the strict textual confines of a particular piece of … Continue reading

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