Owner: San Diego California Will Trust Probate Lawyer Blog URL:http://sandiegoestatecenter.com Join Date: Tue, 26 Aug 2008 02:03:07 -0500 Rating:0 Site Description: California wills and trust attorney blog dedicated to educating local lawyers about writing a will, trust, or avoiding probate litigation. Site statistics:Click here
Disinheritance Provisions – California Will Drafting That Restrains Marriage 2008-08-25 22:12:57 As highlighted in a recent TaxProf 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 contested the clause’s validity. [...] Read more:California
, Drafting
Charitable Contributions and Undue Influence 2008-08-22 00:44:16 “[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 [...]
Will and Trust Provisions Against Public Policy 2008-08-06 12:44:44 "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] Read more:Policy
, Public
Estate Taxes 2008-07-29 11:36:16 "Most people don't realize that we have two systems of taxation. One taxes income as it's earned; the other taxes wealth as it changes hands. During a person's lifetime, we call this transfer tax the gift tax. At his or her death, we call it the estate tax, and it could carry significant tax consequences [...] Read more:Estate
, Taxes
Record Home Losses In California 2008-07-23 02:00:00 "The price tag for the nation's housing crisis escalated again with reports Tuesday that a record number of California
ns 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 [...] Read more:Losses
, Record
How To Find the Right Attorney 2008-07-21 13:07:54 "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. Attorney
s, 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 [...] Read more:Right
Want to Save? Shore Up That Credit Score 2008-07-11 02:00:00 "Americans can save billions of dollars annually on credit card and other interest payments by raising their credit scores, but many consumers still don't know enough about the complex numerical values that represent their credit risk.
Washington Mutual estimates that, because financial institutions offer lower interest rates to consumers with better scores, consumers could reduce credit [...] Read more:Score
, Shore
California Probate Court Correctly Denied Use of Frozen Sperm by Widow 2008-09-16 02:05:00 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 [...] Read more:Frozen
, Sperm
How Do You Make Sure Your Last Will and Testament is Honored? “Blackmail” Your Beneficiaries. 2008-09-15 02:03:21 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 [...] Read more:Last Will
, Testament
Ironclad Asset Protection: The Tax Shelter That God Built 2008-09-13 04:57:38 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 [...] Read more:Asset
, Built
, Protection
, Shelter
Probate Litigation Over James Brown’s Will Tears Apart the Godfather’s Soul 2008-09-12 04:23:49 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 [...] Read more:Brown
, James
, Tears
Jury Finds San Diego Probate Agent Murdered By Beneficiary of Will 2008-09-11 03:51:41 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 [...] Read more:Agent
, San Diego
Why You Need A Guardian and How to Choose a Guardian 2008-09-08 02:00:37 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 [...] Read more:Guardian
Steve Fossett’s Remains May Have Been Found 2008-10-03 02:02:44 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?). [...] Read more:Remains
, Steve
Heath Ledger’s Daughter Will Inherit His Entire Estate 2008-10-03 01:05:38 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. Read more:Daughter
, Estate
, Heath
How To Find A Good Estate Planning or Probate Attorney In San Diego? 2008-09-30 17:44:51 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 contacting your friends or the [...] Read more:Attorney
, Estate
, San Diego
Will I Inherit from My Husband or Parent If I Kill Them (Part II)? The Answer Could be Yes 2008-09-26 17:29:53 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 [...] Read more:Husband
, Parent
Tax Shelters: Offshore Asset Protection Trusts Become a Political Hot Button 2008-09-25 04:01:30 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 ad here, courtesy of the [...] Read more:Asset
, Become
, Offshore
, Protection
How Much Does Probate Cost In California? 2008-09-23 19:05:36 Probate is an expensive proposition in California
. The cost will vary depending upon the size of the estate, but one thing is guaranteed – your estate will pay much more than the cost of a living trust. San Diego probate fees include the cost of filing, notice of publication in the San Diego [...]
California Probate Litigation: The Heirs of Superman’s Creators Reclaim His Copyright 2008-09-22 16:06:57 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 [...]
Who May Write a Will? Requirements to Make a California Will 2008-09-21 02:24:04 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, [...] Read more:California
, Requirements
, Write
How Do I Revoke My Will? Will Revocation – How to Revoke a Will In California 2008-09-19 04:30:20 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 [...]
California Probate Guardianships - No Contest Clauses in a Will or Trust May Not Apply to Minors 2008-10-09 17:31:44 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 [...] Read more:Contest
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