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 [...]
Filed under: Probate, Probate
Litigation, Trusts, Will
Contests, Wills, Wills and
Trusts | No
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Posted on October 3rd, 2008 by Roy Newman
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 I Die Without a Will?). [...]
Filed under: Estate Planning of the Rich and Famous, Probate, Probate
Litigation | No Comments
»
Posted on October 2nd, 2008 by Roy Newman
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.
Filed under: Current
Events, Estate Planning of the Rich and Famous, Probate, Probate
Litigation | No
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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 [...]
Filed under: Current
Events, Probate, Probate
Litigation, San
Diego Estate Planning, Will
Contests, Wills | No
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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, [...]
Filed under: Estate Planning - Generally, Probate, Probate
Litigation, San
Diego Estate Planning, Will
Contests, Wills, Wills and
Trusts | No
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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 [...]
Filed under: Estate Planning - Generally, Probate, Probate
Litigation, San
Diego Estate Planning, Will
Contests, Wills, Wills and
Trusts | No
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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 [...]
Filed under: Current
Events, Probate, Probate
Litigation, Will
Contests, Wills | No
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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 [...]
Filed under: Probate, Probate
Litigation, Will
Contests, Wills, Wills and
Trusts | No
Comments »
Posted on September 12th, 2008 by Roy Newman
When you write a will, your estate becomes vulnerable to probate litigation (as
opposed to a living trust). When you are related to the Godfather of Soul, there
are many, many reasons (read: dollars) to litigate over a contested stake. Elvis
Presley’s estate earned $49 million last year; John Lennon’s took in $44 [...]
Filed under: Estate Planning of the Rich and Famous, Probate, Probate
Litigation, Will Contests
| No
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Posted on September 10th, 2008 by Roy Newman
Statutory Trust Revocation May Reward Devious Spouses - Punish Sloppy Trust
Drafting
It has long been settled that under California probate law, if the trust does
not provide for an exclusive method of revocation, the settlors may revoke
either by the method contained in the trust or by resort to procedures outlined
under statutory revocation. [...]
Filed under: Estate Planning - Generally, Probate, Probate
Litigation, San
Diego Estate Planning, Trusts, Wills and
Trusts | No
Comments »
Posted on September 9th, 2008 by Roy Newman
A lot can hang in the balance upon the death of a person. Although not every
family murder is driven by a large inheritance, it has happened enough that a
general rule of law has formed to prevent the person from benefiting from the
crime. Not only has the rule of law been [...]
Filed under: Probate, Probate
Litigation, Wills and
Trusts | No
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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 [...]
Filed under: Estate Planning - Generally, Probate, Probate
Litigation, Trusts, Wills, Wills and
Trusts | No
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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. [...]
Filed under: Probate, Probate
Litigation, San
Diego Estate Planning, Will
Contests, Wills, Wills and
Trusts | No
Comments »
Posted on September 5th, 2008 by Roy Newman
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 [...]
Filed under: Current
Events, Probate, Probate
Litigation | No
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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
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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 [...]
Filed under: Estate Planning - Generally, Probate, Probate
Litigation, Wills | No
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Posted on August 31st, 2008 by Roy Newman
A California conservatorship, or probate conservatorship, may be brought on
behalf of a person, an estate, or both. The person appointed is called the
conservator.
Conservatorship of the Person: A conservatorship for a person (called the
conservatee) is proper where that person is unable to properly provide for his
or her personal needs for physical health, [...]
Filed under: Estate Planning of the Rich and Famous, Probate, Probate
Litigation, Will Contests
| 1
Comment »
Posted on August 30th, 2008 by Roy Newman
The general rule, discussed in detail below, is that a gift or donative transfer
in a will to the drafter of the instrument is void, unless the drafter is
related by blood, marriage, or is a cohabitant with the testator, or the
instrument is granted an independent certificate of review by an attorney.
California [...]
Filed under: Probate
Litigation, Will Contests
| No
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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 [...]
Filed under: Probate, Probate
Litigation, Wills | No
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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
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