CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

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 to do [...]

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 [...]

Will I Inherit from My Husband or Parent If I Kill Them (Part II)? The Answer Could be Yes

A Wisconsin court has ruled that giving a loaded shotgun to a suicidal parent is not the proximate cause of the parent’s death (although it is the actual or but-for cause), so that a wife and daughter of the man may inherit his $500,000 estate. The man was terminally ill with lymphoma and his wife [...]

California Probate Litigation: The Heirs of Superman’s Creators Reclaim His Copyright

The executors (See “What is a California Personal Representative?“) of Superman’s estate – Joanne Siegal and Laura Siegal Larson – have successfully reclaimed the estate’s half of Jerome Siegal’s copyright of Superman by terminating its grant to Warner Brothers, Time Warner, and DC Comics. The opinion is an interesting read on the creation and promotion [...]

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, the property [...]

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 like in [...]

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 basic will [...]

California Probate Court Correctly Denied Use of Frozen Sperm by Widow

A California probate court [See "What is California Probate?"] correctly ruled that a widow was not entitled to her dead husband’s frozen sperm, held the California Court of Appeal (Third District). Estate of Kievernagel, C055516 ( 9/11/08). The issue was whether Joseph Kievernagel would have wanted his wife, Iris Kievernagel, to have the sperm after [...]

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 [...]

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 [...]

keep looking »