It’s the Halloween season, a time when most of us spend a more-than-reasonable amount of time focusing on the spookier side of things: ghosts, goblins, small children dressed like jack-o-lanterns, suspiciously foggy and cobwebbed mansion estates, etc.
Not me, though. I’m the timid type: I don’t like scary movies, I always turn the lights on
There are a few standard questions I almost always get when people find out that I work in probate litigation. “Do people call you right away when their relatives die?” “Isn’t that tough to deal with, emotionally?” And most frequently, “What can I do to make sure no one challenges my estate plan after I
We often see siblings litigate in California over the allocation of tangible personal property held in the family trust. When Mom and Dad have passed, the tug of war may involve jewelry, paintings, photos, firearms, furniture, saddles, vehicles, table settings – and yes, even a bobble head!
My colleague Kim McGhee recently hosted a fun
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
Daniel Spector has litigated trust and estate cases in Northern California since the early 1990s. He is now focusing his practice on mediating trust and estate disputes across California, working with Judicate West. Dan is a colleague on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association, and I
If Dad bought a house solely in his name, can Stepmother claim a community property interest after Dad has died? Perhaps yes. The answer lies at tricky intersections of California probate law and family law. While family law governs spouses during their lifetimes and upon divorce, the death of one spouse complicates the picture. It
While Disneyland may be the “Happiest Place on Earth,” a California probate court may be the opposite for a Disney heir, mused the U.S. Court of Appeals in Lund v. Cowan (9th Cir. 2021) 5 F.4th 964. Bradford Lund, a 50 year-old grandson of Walt Disney, sued the probate judge who rejected a settlement
(Editor’s Notes: Lauren Murvihill is a summer associate at Downey Brand. She is a student at UC Davis School of Law. In September 2021, after publication of this post, the Governor approved Senate Bill 315.)
The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding
As we enter the New Year, it’s a good time to revisit your estate plan. The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives. Guidance from an estate planner will help you review your plan in light of tax and other changes in the
Many California trust and estate disputes involve the allocation of real estate amongst several beneficiaries. Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet Tahoe vacation home, and a few rental duplexes, but did not specify how these assets were to