When Offshore Asset Protection Is Really Tax Evasion
It appears that the traditional veil of secrecy surrounding Swiss banking is crumbling. The New York Times is reporting that a former Swiss banker may cooperate with Congressional investigators looking for targets beyond Ernst & Young, KPMG, and Arnold and Porter (who were entangled in 2008) and UBS (2009) (See Also “Eight Signs Your [...]
Estate Planning 101: Steve McNair’s Estate Is A Complete Mess
Steve McNair never had an estate plan in place. He never had a will, a trust, or any other testamentary instrument. Although I frequently warn about the dangers of not having a proper estate plan in place, it is hard to imagine a set of facts that will be more devastating to his [...]
What is an Advance Medical Directive or Living Will?
A recent Wall Street Journal article discusses the importance of having an advance health care directive in place should you become incapacitated. Though the article refers to an “advance medical directive,” in California it is called an advance health care directive. These directives give doctors direction, in your own words, should you not [...]
Who Owns Heath Ledger’s Oscar? A Primer in Wills, Trusts, and Guardianship Laws
Before he died, Heath Ledger executed a will (see “What Happens If I Die Without a Will?”) giving his entire estate to his parents and daughter, Matilda. The parents disclaimed any rights to the estate, giving 3 year old Matilda $20 million. Since her parents made the disclaimer, the Oscar statuette then passes to [...]
Last Will and Testament of Paul Newman Admitted to Probate
The last will and testament of Paul Newman has been admitted to probate. You can see a copy of his last will and codicil here (See “What Will Happen if I Die Without a Will?”). Mr. Newman directed that his race cars and airplanes be sold for fair market value with the proceeds [...]
How Much Does Probate Cost In California?
Probate is an expensive proposition in California. The cost will vary depending upon the size of the estate, but one thing is guaranteed – your estate will pay much more than the cost of a living trust. San Diego probate fees include the cost of filing, notice of publication in the San Diego [...]
Disinheritance Provisions – California Will Drafting That Restrains Marriage
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 [...]
Charitable Contributions and Undue Influence
“[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 [...]
How the Housing Slump Can Affect Reverse Mortgages
L.A. Times - Personal Finance: “What does the housing slump mean for all of those seniors who took out reverse mortgages? And what does it mean for their heirs? My mother is 78 and fortunately has not had to go down that path (yet). But many of her friends have. I just haven’t seen [...]
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The San Diego Estate Center is not only for San Diego estate planning attorneys and lawyers - but for you too! Here you can find answers to all of your estate planning questions!






