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
Comments »
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
Comments »
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 [...]
Filed under: Current
Events, Estate
Administration, Estate Planning - Generally, San
Diego Estate Planning, Will
Contests, Wills | No
Comments »
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
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 [...]
Filed under: Current
Events, Probate, Probate
Litigation, Will
Contests, Wills | No
Comments »
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 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 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 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
Comments »
Posted on August 25th, 2008 by Roy Newman
As highlighted in a recent Wills, Trusts, and Estates Prof post, parties to a
lawsuit in Illinois are disputing a provision contained in a will described as
the “Jewish clause.” The deceased “expressed his wish to disinherit any
descendant “who married outside the Jewish faith.” Two grandchildren married
outside the Jewish faith, and [...]
Filed under: Uncategorized, Will Contests
| No
Comments »
Posted on August 21st, 2008 by Roy Newman
“[T]here are no instances where men are so easily imposed upon as at the time of
their dying, under pretense of charity . . .” 73 Brook. L. Rev. 579. Thus begins
Jeffrey G. Sherman’s law review article titled “Can Religious Influence Ever be
Undue Influence.” The article continues “[t]he Lord Chancellor’s [...]
Filed under: Uncategorized, Will Contests
| 1 Comment
»
