The San Diego Estate Center

We Can Plan Any Estate In California - The Law Offices of Roy Newman

10 Odd Bequests; Or How to Disinherit With Style

The law regarding wills and trusts has changed greatly over the years. New law makes it difficult to precondition a devise by will or trust on an act that would violate public policy. For instance, California Probate Code § 710 prohibits imposing a condition or restraint on marriages under certain circumstances. In [...]

Probate Lawyer, San Diego California – The New Website Opens

After three weeks of development, the new probate lawyer section of the San Diego Estate Center Website has officially opened. Called the California Probate Center, the website has a lengthy article base that will grow over time. It is brought to you by San Diego probate lawyer Roy Newman, with details on what [...]

California Probate Guardianships - No Contest Clauses in a Will or Trust May Not Apply to Minors

A minor who nominated his mother as guardian ad litem (See What is a California Guardianship?) does not voluntarily participate in a probate proceeding triggering a no contest clause provision in a will or trust. Safai v. Safai, 164 Cal.App.4th 233 (2008).
“The Trust (What is a Revocable Living Trust?) and the will both included [...]

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, [...]

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 [...]

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 [...]

How Do You Make Sure Your Last Will and Testament is Honored? “Blackmail” Your Beneficiaries.

A will (see “Advantages of a Will”) drafted under California law cannot violate public policy. For example, a San Diego probate court (see “Disadvantages of San Diego Probate”) will not enforce a clause that dictates the commission of a crime or specifies that the beneficiary must divorce a named spouse before a gift from the [...]

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 [...]

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 [...]

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