Posted on October 9th, 2008 by Roy Newman
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 [...]
Filed under: Probate, Probate Litigation, Trusts, Will Contests, Wills, Wills and Trusts | No Comments »
Posted on September 21st, 2008 by Roy Newman
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, [...]
Filed under: Estate Planning - Generally, Probate, Probate Litigation, San Diego Estate Planning, Will Contests, Wills, Wills and Trusts | No Comments »
Posted on September 19th, 2008 by Roy Newman
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 [...]
Filed under: Estate Planning - Generally, Probate, Probate Litigation, San Diego Estate Planning, Will Contests, Wills, Wills and Trusts | No Comments »
Posted on September 17th, 2008 by Roy Newman
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 [...]
Filed under: Current Events, Estate Planning - Generally, Powers of Attorney and Living Wills, San Diego Estate Planning, Trusts, Wills, Wills and Trusts | No Comments »
Posted on September 15th, 2008 by Roy Newman
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 [...]
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Posted on September 10th, 2008 by Roy Newman
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. [...]
Filed under: Estate Planning - Generally, Probate, Probate Litigation, San Diego Estate Planning, Trusts, Wills and Trusts | No Comments »
Posted on September 9th, 2008 by Roy Newman
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 [...]
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Posted on September 8th, 2008 by Roy Newman
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 [...]
Filed under: Estate Planning - Generally, Probate, Probate Litigation, Trusts, Wills, Wills and Trusts | No Comments »
Posted on September 6th, 2008 by Roy Newman
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. [...]
Filed under: Probate, Probate Litigation, San Diego Estate Planning, Will Contests, Wills, Wills and Trusts | No Comments »
Posted on September 4th, 2008 by Roy Newman
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 [...]
Filed under: Estate Administration, Probate, Probate Litigation, San Diego Estate Planning, Trusts, Will Contests, Wills, Wills and Trusts | No Comments »
Posted on August 6th, 2008 by Tort
“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]
Filed under: Estate Planning - Generally, Probate, Probate Litigation, San Diego Estate Planning, Trusts, Wills, Wills and Trusts | No Comments »
Posted on July 22nd, 2008 by (author unknown)
“The price tag for the nation’s housing crisis escalated again with reports Tuesday that a record number of Californians lost their homes to foreclosure in the last three months and that a potential bailout of mortgage giants Fannie Mae and Freddie Mac could reach $25 billion.
The figures were released as the House prepared to vote [...]
Filed under: Business Planning, Current Events, Estate Planning - Generally, Wills and Trusts | No Comments »
Posted on July 2nd, 2008 by Tort
The New York Probate and Estate Litigation Blog reports that “[t]oday’s New York Times reports that the late Leona Helmsley has left a mission statement in connection with a testamentary trust valued as high as eight billion dollars. In it, she directs that virtually the entire fund be applied to the welfare of dogs.
From [...]
Filed under: Charities and Charitable Giving, Current Events, Estate Planning of the Rich and Famous, Trusts, Wills and Trusts | No Comments »
