CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

Probate Litigation Over James Brown’s Will Tears Apart the Godfather’s Soul

When you write a will, your estate becomes vulnerable to probate litigation (as opposed to a living trust). When you are related to the Godfather of Soul, there are many, many reasons (read: dollars) to litigate over a contested stake. Elvis Presley’s estate earned $49 million last year; John Lennon’s took in $44 million. True [...]

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. [...]

“Will I Inherit from My Parents if I Kill Them?” California Slayer Statute – A Common Sense Answer

A lot can hang in the balance upon the death of a person. Although not every family murder is driven by a large inheritance, it has happened enough that a general rule of law has formed to prevent the person from benefiting from the crime. Not only has the rule of law been postulated by [...]

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 [...]

How to Bullet Proof Your Estate Plan From Undue Influence Claims: Contesting A Will or Trust Before Death

Elaine and William Murphy Sr. had two children, Murphy Jr. and Maureen. Murphy Sr. had a thriving law practice in San Francisco and an estate worth $2 million. Murphy v. Murphy, 164 Cal.App.4th 376 (2008). When Elaine became ill in 1991, Maureen returned to the family home to care for her mother. Elaine died in [...]

San Diego Probate Lawyer Hired the Probate Agent Allegedly Murdered by Beneficiary of Will

A neighbor witnessed Michael Ray Jennison shoot probate agent and realtor James Magot twice in the head after a brawl involving the sale of a condominium. Magot was apparently hired by a San Diego probate lawyer to handle the sale of the property, but instead attempted to buy it himself through a competing bid against [...]

What is California Probate? Supervising Judge of Los Angeles Probate Department Knows the Answer

For those looking to learn information about California Probate Court, Supervising Judge Aviva Bobb of the Los Angeles Probate Court gives real life examples of the practice of probate in her jurisdiction. Probate cases include living trust proceedings, conservatorships, guardianship, estate distribution, minors’ compromise, elder abuse restraining orders, petitions to authorize medical treatment and tuberculosis-detention [...]

California Personal Representative – Duties and Liabilities

“What happens if I die without a will or trust?” The answer is that a California Personal Representative will be appointed by the court to administer your estate. A “’Personal representative’ means executor, administrator, administrator with the will annexed, special administrator, or successor personal representative.” California Probate Code §58. The order of preference, by priority [...]

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 [...]

« go back — keep looking »