CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

Now Is the Right Time to Update That Will or Trust

​It is essential that everyone be diligent in updating their will or trust when changes occur in their lives. These changes are things such as marriage, divorce, birth or adoption of children, death of a family member or beneficiary, substantial changes in the value of your estate, and probably most importantly when changes in estate [...]

Steve McNair Died Without a Will – Do Not Let That Happen To You.

Steve McNair died without a will when he was killed by his mistress in July of 2009. That could have been a $33 million dollar mistake.  Because of the length of probate, the court has ruled that $2.5 million can be released from the estate to go toward the payment of living expenses and other [...]

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 California [...]

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 heirs. First, [...]

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 be able [...]

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 Matilda. [...]

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 to be [...]

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 Union Tribune, [...]

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 contested the [...]

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 quoted remark about [...]

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