CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

California Probate Litigation: The Heirs of Superman’s Creators Reclaim His Copyright

The executors (See “What is a California Personal Representative?“) of Superman’s estate – Joanne Siegal and Laura Siegal Larson – have successfully reclaimed the estate’s half of Jerome Siegal’s copyright of Superman by terminating its grant to Warner Brothers, Time Warner, and DC Comics. The opinion is an interesting read on the creation and promotion [...]

Who May Write a Will? Requirements to Make a California Will

Who may write a will in San Diego? Any person that is eighteen years of age and of sound mind may write a will (But should you? See Will Advantages; and Disadvantages of a Will). A person is of sound mind if they understand the rights, risks, and consequences of the testamentary act, the property [...]

How Do I Revoke My Will? Will Revocation – How to Revoke a Will In California

A will is a living, breathing legal document (See “What Will Happen if I Die Without a Will?”. There are many ways in which people have tried – and failed – to revoke California wills (See “Advantages of a Will” and “Disadvantages of a Will“) that have produced unexpected and unintended results. Just like in [...]

The State of San Diego Estate Planning: Most Lack A Will, Trust, or Health Care Directive

If San Diego estate planning is anything like the rest of the nation, it is in pretty bad shape. The National Association of Estate Planners & Councils has planned the third week of October for a National Estate Planning Awareness week. The reasons for the promotion? 70% of Americans do not have a basic will [...]

Eight Signs Your California Tax Shelter or Offshore Asset Protection Trust Is Actually Tax Evasion

Now that the big accounting firms have been stung by IRS investigations, indictments, and convictions of the promoters of off the shelf tax shelters (like the POPS, PICOs, and FOCUS of Arnold and Porter), they have largely stopped offering speculative “investments” and offshore asset protection trusts. Now “a few smaller accounting and regional law firms, [...]

The Revocation of California Revocable Living Trusts – California Dreaming Turns to California Scheming?

Statutory Trust Revocation May Reward Devious Spouses – Punish Sloppy Trust Drafting It has long been settled that under California probate law, if the trust does not provide for an exclusive method of revocation, the settlors may revoke either by the method contained in the trust or by resort to procedures outlined under statutory revocation. [...]

Why You Need A Guardian and How to Choose a Guardian

Many parents do not realize that if circumstances suddenly change, as in unforeseen death, incapacity, or some other circumstance prevents their ability to care for their children, a legal guardianship process will be instituted in which a caregiver is selected by a California probate court. For example, if a parent were arrested while her child [...]

What is a Guardianship? California Guardianships In San Diego Probate Court

A guardianship is appointed for juveniles whose parents cannot take care of their children anymore for any number of reasons, such as a physical illness, military deployment, drug or alcohol problems, or child neglect. In California, there are two types of guardianships, each of which is handled by the San Diego Probate Court. Probate Guardianship [...]

Self Written Will By Non-Lawyers Probably Invalid – But a “Must Read” Anyway

A New York City couple murdered in their home left several unsigned self-written wills as part of their legacy. The wills are likely invalid under New York Probate (and California) law, but that didn’t stop Mark Schwartz from drafting several provisions which may leave some relatives feeling bitter. Knowing that his brother “hopes to be [...]

Will and Trust Provisions Against Public Policy

“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]

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