San Diego, California Wills, Trusts, Probate Lawyers and Attorneys, Estate Planning, Free Advice, Law Firms Thu, 15 Jan 2009 22:19:00 +0000 http://backend.userland.com/rss092 en The Wall Street Journal is reporting that Barack Obama will block the disappearance of the estate tax in 2010. It is being reported that the Senate Finance Committee will reverse the rollbacks that were being phased in slowly since 2001. As reported earlier on this blog, the Obama campaign plan ... /2009/01/15/the-estate-tax-will-not-dissappear-under-obama/ The last will and testament of Paul Newman has been admitted to probate. You can see a copy of his last will and codicil here (See “What Will Happen if I Die Without a Will?”). Mr. Newman directed that his race cars and airplanes be sold for fair ... /2008/11/25/last-will-and-testament-of-paul-newman-admitted-to-probate/ 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%. ... /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?) ... /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 ... /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 ... /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 ... /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 ... /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 ... /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 ... /2008/09/24/california-executor-and-personal-representative-duties-filing-the-estate-tax-return/