The State of Estate Planning After the Election: Obama’s Proposed Estate Tax Plan

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%. The top tax rates of [...]

Heath Ledger’s Daughter Will Inherit His Entire Estate

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 Matilda.

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 [...]

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 of [...]

Criminal Tax Evasion - Trouble Ahead for San Diego Asset Protection Lawyers and Attorneys?

In a previous article, “Eight Signs Your California Tax Shelter or Offshore Asset Protection Trust Is Actually Tax Evasion,” I pointed out that several partners were in trouble at Arnold and Porter for promoting abusive tax shelters. The current state of charges, indictments, and investigations against other firms are almost too numerous to count.
Indictments [...]

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 [...]

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 [...]

Ironclad Asset Protection: The Tax Shelter That God Built

Asset protection may come in many forms, but what if your tax shelter was built by God? That is the claim of an Iowa resident who believes he resides in heaven, the ultimate off-shore asset protection trust. The man’s logic seems to be that heaven is not within the jurisdictional reach of the [...]

Jury Finds San Diego Probate Agent Murdered By Beneficiary of Will

Michael Ray Jennison was found guilty of second degree murder of a real estate agent hired by a local San Diego probate lawyer. [See the first report here and the second report here.] Jennison inherited part of a condominium from his grandmother (see “What Will Happen If I Die Without A Will?“). Probate agent [...]

San Diego Probate Lawyer Hired the Probate Agent Allegedly Murdered by Beneficiary of Will

A neighbor witnessed Michael Ray Jennison shoot probate agent and realtor James Magot twice in the head after a brawl involving the sale of a condominium. Magot was apparently hired by a San Diego probate lawyer to handle the sale of the property, but instead attempted to buy it himself through a competing bid [...]

Record Home Losses In California

“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 [...]

A Dog's Life Isn't That Bad! Eight Billion Dollar Helmsley Trust Is Slated To Be Applied To The Benefit Of The Nation's Canine Population

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 [...]

Financial Planning: Trying to Survive a Sub-prime Squeeze

“Bad financial decisions and poor timing have landed Alicia Cardenas smack in the middle of the nation’s sub-prime mortgage mess.
The single mother of three could qualify only for a high-interest loan when she refinanced two years ago to pay off a home equity credit line and her share of a divorce settlement.”
Financial advice from the [...]

Ray Charles’ Children Seek Investigation of Estate Management

“The dispute over Charles’ musical and financial legacy was the subject of an article in Sunday’s Los Angeles Times. The article reported that the rights to Charles’ music had become the subject of several lawsuits in state and federal courts. The litigation pits several of the children against Joe Adams, 86, Charles’ long-term manager, who [...]

Finding the Right Investment Mix in a Tumultuous Market

Amid the stock market’s sharp losses and wild volatility in the first quarter, some investors may have discovered their true threshold for pain. So what do you do if that threshold turned out to be a lot lower than you’d thought? There are steps you can take to reduce your risk of serious portfolio losses [...]

New 2009 U.S. News Tax Rankings - USD Falls 6 Spots!

The new 2009 U.S. News Law School Tax Rankings were released today: 1. NYU (#1 last year) 2. Florida (#2) 3. Georgetown (#3) 4. Northwestern (#4) 5. UCLA (#7) 6. Harvard (#5) 6. Miami (#6) 8. Boston University (#8) 9….

Heath Ledger’s Uncles Say Deceased Actor’s Father is a Poor Manager of the Estate’s Assets

The following is from Ledger Family Feuding Over Heath's Estate, omg.yahoo.com, March 19, 2008: Heath Ledger's family is embroiled in the midst of a battle for control of the late actor's estate. The actor's uncles are speaking out against Heath's…

Did a Hong Kong Tycoon Lack Capacity When She Executed Her Will?

According to Robin Kwong and Justine Lau, Hong Kong battle begins for tycoon’s billions, FT.com, Feb. 23, 2008: The charitable foundation established by Nina Wang, the Hong Kong tycoon, fired its first shot in the battle for her $3.9bn (€2.6bn,…

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