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 [...]
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Posted on September 26th, 2008 by Roy Newman
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 [...]
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Posted on September 22nd, 2008 by Roy Newman
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 of [...]
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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, [...]
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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 [...]
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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 16th, 2008 by Roy Newman
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 [...]
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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 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 [...]
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Posted on September 7th, 2008 by Roy Newman
A guardianship is appointed for juveniles whose parents cannot take care of their children anymore for any number of reasons, such as a physical illness, military deployment, drug or alcohol problems, or child neglect. In California, there are two types of guardianships, each of which is handled by the San Diego Probate Court.
Probate Guardianship of [...]
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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. [...]
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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 September 1st, 2008 by Roy Newman
A New York City couple murdered in their home left several unsigned self-written wills as part of their legacy. The wills are likely invalid under New York Probate (and California) law, but that didn’t stop Mark Schwartz from drafting several provisions which may leave some relatives feeling bitter. Knowing that his brother “hopes [...]
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Posted on August 29th, 2008 by Roy Newman
Jack Carey, a prominent attorney in Florida, drafted a will for a 90 year old widower suffering from “senile dementia, cataracts, hearing loss, and depression” among other ailments, in which he named himself and his assistant the prime beneficiaries. The superior court held that the gift was void because of Carey’s undue influence over [...]
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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 21st, 2008 by Tort
“There are those “life changing moments”… like buying your first home, getting a divorce or starting a business that may require the help of an attorney. Attorneys, after all, do more than provide legal information; they offer strategic advice and apply sophisticated technical skills to legal problems. The question is: How do [...]
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Posted on May 8th, 2008 by Tort
The Estate Planning Practice Blog has a nice article detailing the considerations and consequences that go along with deathbed estate planning.
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Posted on May 8th, 2008 by Tort
Death and Taxes Blog: “Besides an action to contest a Will, a frustrated beneficiary may attempt to proceed with a tort known as “intentional interference with an inheritance.” In some cases, this may be the ONLY way in which the potential beneficiary can proceed.
In the Nemeth case (425 N.E.2d 1187), for instance, the decedent’s stepdaughter [...]
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Posted on April 6th, 2008 by Trusts EstatesProf
What is estate planning? Find some answers in this article.
The following is from Ian Driscoll: Parents must put children in the know, us.ft.com, Mar 24 2008:
“Tax planning is a very important part of estate planning; sometimes the only part,” says Susan Schoenfeld, principal and associate fiduciary counsel at New York-based Bessemer Trust. “But it shouldn’t [...]
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Posted on April 5th, 2008 by Tort
This is a fascinating read - considering that the law on point in New York largely mirrors the law in California.
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