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 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 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
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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 17th, 2008 by Roy Newman
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 [...]
Filed under: Current
Events, Estate Planning - Generally, Powers of Attorney and Living Wills, San
Diego Estate Planning, Trusts, 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
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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 7th, 2008 by Roy Newman
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 of [...]
Filed under: Estate Planning - Generally, Probate, Wills | 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
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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 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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Posted on July 21st, 2008 by Tort
“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 [...]
Filed under: Estate Planning - Generally, Probate, Probate
Litigation, Trusts, Wills | No Comments »
Posted on May 8th, 2008 by Tort
The Estate Planning Practice Blog has a nice article detailing the considerations
and consequences that go along with deathbed estate planning.
Filed under: Estate
Administration, Estate Planning - Generally, Probate, Trusts, Wills | No
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Posted on May 8th, 2008 by Tort
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
stepdaughter [...]
Filed under: Probate, Wills | No
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Posted on April 6th, 2008 by Trusts EstatesProf
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 it shouldn’t [...]
Filed under: Estate Planning - Generally, Probate, San
Diego Estate Planning, Tax, Wills | No
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Posted on April 5th, 2008 by Tort
This is a fascinating read - considering that the law on point in New York
largely mirrors the law in California.
Filed under: Probate, San
Diego Estate Planning, Wills | No
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