Posted on August 31st, 2008 by Roy Newman
A California conservatorship, or probate conservatorship, may be brought on behalf of a person, an estate, or both. The person appointed is called the conservator.
Conservatorship of the Person: A conservatorship for a person (called the conservatee) is proper where that person is unable to properly provide for his or her personal needs for physical health, [...]
Filed under: Estate Planning of the Rich and Famous, Probate, Probate Litigation, Will Contests | 1 Comment »
Posted on August 30th, 2008 by Roy Newman
The general rule, discussed in detail below, is that a gift or donative transfer in a will to the drafter of the instrument is void, unless the drafter is related by blood, marriage, or is a cohabitant with the testator, or the instrument is granted an independent certificate of review by an attorney. California [...]
Filed under: Probate Litigation, Will Contests | No Comments »
Posted on August 29th, 2008 by Roy Newman
Jack Carey, a prominent attorney in Florida, drafted a will for a 90 year old widower suffering from “senile dementia, cataracts, hearing loss, and depression” among other ailments, in which he named himself and his assistant the prime beneficiaries. The superior court held that the gift was void because of Carey’s undue influence over [...]
Filed under: Probate, Probate Litigation, Wills | No Comments »
Posted on August 28th, 2008 by Roy Newman
An article by Smart Money highlights 10 Things Millionaires Won’t Tell You, and here are some of the highlights:
The first is that the millionaire club is not as exclusive as it once was – nearly 10 million households qualify – double the number of 2002, largely due to inflation.
The average GPA of [...]
Filed under: Asset Protection Trusts, Estate Planning of the Rich and Famous, Offshore Trusts, Trusts | No Comments »
Posted on August 28th, 2008 by Roy Newman
The better question might be what to do with the life insurance after you have purchased it. But more on that later. For now, the simple answer is that you should only spend what you can afford to pay, provided that the amount may sustain your family. In purchasing life insurance, the [...]
Filed under: Trusts | No Comments »
Posted on August 27th, 2008 by Roy Newman
First, an A-B trust is only needed for married couples whose estates are worth more than $2,000,000, the current federal estate tax exemption (in 2008). If your estate is worth less than $2,000,000, then you will not owe federal estate tax.
The A-B trust works by placing both spouses’ property interests in trust while they [...]
Filed under: Trusts | No Comments »
Posted on August 26th, 2008 by Roy Newman
A San Diego probate dispute turned deadly when a local man who inherited a condominium allegedly killed a court appointed probate agent. Michael Ray Jennison inherited the condo from his grandmother, and the victim, James Magot, was hired through the court to handle the sale. But Magot made a competing bid against Jennison’s [...]
Filed under: Probate | No Comments »
Posted on August 25th, 2008 by Roy Newman
As highlighted in a recent Wills, Trusts, and Estates Prof post, parties to a lawsuit in Illinois are disputing a provision contained in a will described as the “Jewish clause.” The deceased “expressed his wish to disinherit any descendant “who married outside the Jewish faith.” Two grandchildren married outside the Jewish faith, and [...]
Filed under: Uncategorized, Will Contests | No Comments »
Posted on August 23rd, 2008 by Roy Newman
Heath Ledger executed a will in Australia and afterwards he had a child, Matilda. Because Matilda was not included in the will, in some jurisdictions it is possible that she could be excluded from receiving anything from Ledger’s estate. Matilda’s claim to the estate (and the total she stands to lose) is worth [...]
Filed under: Estate Planning of the Rich and Famous | No Comments »
Posted on August 21st, 2008 by Roy Newman
“[T]here are no instances where men are so easily imposed upon as at the time of their dying, under pretense of charity . . .” 73 Brook. L. Rev. 579. Thus begins Jeffrey G. Sherman’s law review article titled “Can Religious Influence Ever be Undue Influence.” The article continues “[t]he Lord Chancellor’s [...]
Filed under: Uncategorized, Will Contests | 1 Comment »
Posted on August 12th, 2008 by Tort
“In malpractice lawsuits, taxpayers prevailed in courtrooms, around arbitration tables, and in settlement negotiations against peddlers of abusive tax shelters. This analysis illustrates how the tax shelter malpractice experience embodies many virtues that yield tax compliance. From these virtues emerge several important lessons on how to curb aggressive tax planning. Evident from these virtues and [...]
Filed under: San Diego Estate Planning | No Comments »
Posted on August 6th, 2008 by Tort
“This is a fun topic. Are there public policy limits to how you can give away your property in your Will or trust? The answer is yes . . .” [Death and Taxes Blog]
Filed under: Estate Planning - Generally, Probate, Probate Litigation, San Diego Estate Planning, Trusts, Wills, Wills and Trusts | No Comments »
