CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

What is a Guardianship? California Guardianships In San Diego Probate Court

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 [...]

How to Bullet Proof Your Estate Plan From Undue Influence Claims: Contesting A Will or Trust Before Death

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. Elaine died in [...]

What is California Probate? Supervising Judge of Los Angeles Probate Department Knows the Answer

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 tuberculosis-detention [...]

Self Written Will By Non-Lawyers Probably Invalid – But a “Must Read” Anyway

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 to be [...]

Estate Planning and Probate Attorney Drafts Will That Named Himself Beneficiary of $7 Million Estate

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 the [...]

Will and Trust Provisions Against Public Policy

“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]

How To Find the Right Attorney

“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 you go about [...]

Deathbed Signings of Wills and Other Testamentary Documents

The Estate Planning Practice Blog has a nice article detailing the considerations and consequences that go along with deathbed estate planning.

Intentional Interference with an Inheritance, and the Ellis Case

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 [...]

The Many Aspects of Estate Planning: Wills, Trusts & Estates Prof Blog

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 [...]

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