It’s important to update your estate plan after a major life event, such as the birth of a child. An accidental omission may be correctable under California law, but it adds to the burden of your estate’s executor and the courts. A recent California Court of Appeals decision demonstrates how…
It’s common for spouses to execute a joint estate plan, signing their respective wills at the same time under the advice of the same estate planning attorney. What’s uncommon is when the spouses inadvertently sign each other’s wills. While it may sound ridiculous that such an error would go unnoticed,…
A last will and testament is an important legal document. It is not something that should be drafted or signed without careful consideration. And once a will is signed, it’s essential to keep the original in a safe place where it may be located after the person’s death. As a…
Marriage may be sacred, but under California law, one spouse cannot take advantage of the other when it comes to estate planning. Spouses have a fiduciary duty to one another, and when one party exerts undue influence over the other, the courts may intervene. Recently, a California appeals court upheld…
How does a prenuptial agreement affect your estate planning? A prenuptial agreement is a contract between intended spouses designed to settle any property disputes that may arise following divorce or the death of one spouse. In many cases, a prenuptial agreement may override state laws providing for certain spousal rights…
Estate planning is an important subject for all married couples. It is also an issue though for unmarried couples in long-term relationships. If you are living with a non-spouse partner-and especially if you own property or enter into a business venture with that partner-your estate planning should provide for an…
It’s never a good idea to wait until the last minute to complete an important task. This is especially true when talking about making (or revising) your estate plan. There is nothing you can do about your will or trust after you’re dead, and if you are contemplating a new…
The recent case of Jahi McMath has renewed the media and ethical debate over the question of when an individual can truly be declared deceased. McMath was a 13-year-old girl declared legally brain dead on December 12th, 2013, in Alameda County. The family contested this diagnosis, claiming she still had…
When leaving real estate to someone under a trust or last will and testament, it’s important to describe the property in precise enough detail so as to avoid conflicting interpretations. California courts try to construct wills and trusts strictly in conformance with the maker’s wishes. The clearer your wishes, the…
The movement towards legal recognition of same-sex marriage continues unabated. In December 2013, the New Mexico Supreme Court declared that “civil marriage” in that state must be open to couples of the same gender. A day later, a federal judge in Utah held the state’s definition of marriage as “one…