The executor of a British estate was recently caught transferring the deceased’s car, worth about $1,240, to his own stepdaughter for the private use of her and her boyfriend. The fraud became public knowledge when the couple broke up and the boyfriend subsequently told his friends, who in turn informed…
Articles Posted in PROBATE
How Will My Estate Pay Administration Expenses?
Most people see a last will and testament simply as a vehicle for distributing their property after they are gone. But a properly drafted will must also address the more technical details of the probate process. For instance, who will pay for the expenses incurred in administering your estate? Even…
Failure to Promptly Secure Counsel Can Prove Costly in Estate Litigation
It’s an unfortunate reality that death often results in litigation. If a person dies as the result of injuries caused by others, that person’s estate may seek restitution in the courts. There may also be litigation over debts owed to the deceased. The possibility of postmortem litigation is just one…
Probate Referees Can Settle the Value of Your Estate
How much is your estate worth? Most of us don’t contemplate this question on a daily basis. But in California estate planning, determining the “market value” of your assets is critical. When a will is filed, the probate court needs to see an inventory of the assets you’ve left behind…
How Does Owning Property in More Than One State Affect My Estate Planning?
If you’ve just moved to the San Diego area from another state, it’s a good idea to consult with a California estate planning lawyer to revise your Last Will and Testament. You should do the same if you’re leaving for another state. Every state has its own probate laws that…
Who Can Contest a Will?
You often read news stories (or see fictional dramas) where aggravated family members “contest” the will of a relative. But can anyone contest a will? In California the established law is that a person cannot contest a will unless he or she is an “interested person” in the estate of…
Does a Domestic Partnership Agreement Apply After Marriage in Probate?
While the status of same-sex marriage in California remains pending before the United States Supreme Court, domestic partnerships remain a legal option for any two adults–regardless of gender–who wish to register their relationship with the state. California law affords registered domestic partners the same “rights, protections, and benefits” as spouses.…
Court Rules That Woman Must Give Up Inheritance of Kafka Papers
An international court ruled this week that a large amount of extremely valuable and historical papers be turned over to the Israeli national library. A recent New York Times article delved into the high-profile case. Of course, it is important to keep in mind that the way this international court…
Basic Steps Following the Death of a Loved One
The first experience some have with estate planning issues occurs immediately after a loved one has passed away. This is unfortunate. Without any prior planning, a death comes with a range of complicated paperwork tasks–grieving relatives are often forced to handle complex affairs in the midst of great emotional turmoil.…
Bucking the Odds: Michael Jackson’s Will Leaves Little Legal Uncertainty
Most stories about celebrity estate planning have one thing in common: they involve planning errors and drawn-out legal battles. But it is important not to overlook the other examples–where planning documents are straight-forward and opportunity for challenges are few and far between. At the end of the day, when knowledgeable…