Jacob Smith

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Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate

Here’s another reason (uno más in Spanish) to create and properly execute a will. If your spouse or other trusted designee lives out of the country when you die, he or she won’t be eligible to administer your California estate. The recent case of Estate of El Wardani (2022) 82 Cal.App.5th 870, involving a San … Continue Reading

See No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of Estate

We write today about probate law, premarital agreements and the importance of doing your homework. In Estate of Eskra (2022) 78 Cal.App.5th 209, the First District Court of Appeal upheld a Humboldt County Superior Court decision to enforce as valid a premarital agreement that a surviving spouse signed without reading.  How did the surviving spouse … Continue Reading
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