http://sandiegoestatecenter.com San Diego, California Wills, Trusts, Probate Lawyers and Attorneys, Estate Planning, Free Advice, Law Firms Thu, 06 Nov 2008 08:42:57 +0000 http://backend.userland.com/rss092 en The dust has begun to settle after the election - and both the legislative and executive branches are controlled by the Democratic Party. If Obama’s estate tax plan becomes law, the $3.5 million exemption of 2009 would be retained, but amounts in excess of that would be taxed at 45%. ... http://sandiegoestatecenter.com/2008/11/06/the-state-of-estate-planning-after-the-election-obama%e2%80%99s-proposed-estate-tax-plan/ 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?) ... http://sandiegoestatecenter.com/2008/10/09/california-probate-no-contest-clauses-in-a-will-or-trust-may-not-apply-to-minors/ Steve Fossett, the adventurer who disappeared while in flight over Nevada’s desert, may have finally been found in California. The disappearance raised probate issues (What is California Probate?) when his wife petitioned the probate court to declare him legally dead and to probate his will (What Will Happen If ... http://sandiegoestatecenter.com/2008/10/03/steve-fossett%e2%80%99s-remains-may-have-been-found/ Heath Ledger’s daughter Matilda will apparently inherit his entire $16.3 million estate. The actor executed a will (What Are the Advantages of a Will?) that left nothing to his daughter, but left everything to his parents and three sisters. Those family members have allegedly gifted those distributions to ... http://sandiegoestatecenter.com/2008/10/02/heath-ledger%e2%80%99s-daughter-will-inherit-his-entire-estate/ What is the best way to find a good estate planning or probate lawyer in San Diego? There are many resources that can help you find an attorney – but not all of them will produce an optimal result. Two good ways of finding an attorney are by ... http://sandiegoestatecenter.com/2008/09/30/how-to-find-a-good-estate-planning-or-probate-attorney-in-san-diego/ 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 ... http://sandiegoestatecenter.com/2008/09/26/will-i-inherit-from-my-parents-if-i-kill-them-part-ii-the-answer-could-be-yes/ Barack Obama has aired a new ad accusing John McCain of favoring offshore asset protection trusts that operate as tax shelters in Bermuda. McCain is alleged to have taken $50,000 while on a lobbyist supported vacation from those who have benefited from the trusts. You can see the ... http://sandiegoestatecenter.com/2008/09/25/tax-shelters-offshore-asset-protection-trusts-become-a-political-hot-button/ If you are appointed as executor, administrator, or personal representative (What are the duties of a personal representative?) of an estate, you are responsible for filing a tax return. An estate tax return must be filed within 9 months of the decedent’s death. Internal Revenue Code §6075. You ... http://sandiegoestatecenter.com/2008/09/24/california-executor-and-personal-representative-duties-filing-the-estate-tax-return/ Probate is an expensive proposition in California. The cost will vary depending upon the size of the estate, but one thing is guaranteed – your estate will pay much more than the cost of a living trust. San Diego probate fees include the cost of filing, notice of ... http://sandiegoestatecenter.com/2008/09/23/how-much-does-probate-cost-in-california/ 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 ... http://sandiegoestatecenter.com/2008/09/22/california-probate-litigation-the-heirs-of-superman%e2%80%99s-creators-reclaim-his-copyright/