Tag: Lintz v. Lintz

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

(Editor’s Note: The Court of Appeal granted rehearing on December 2, 2019 such that the opinion referenced below is no longer citable.)  It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  But what if the assets do not come directly from a … Continue Reading

Are California Trusts that Favor Spouses Presumptively Invalid?

When Wife works with her Sacramento estate planning lawyer to favor her Husband over her children from a prior marriage in her trust, does California law presume that Husband exerted undue influence over the Wife to gain a benefit?  Until 2014, most California trust and estate lawyers would answer that question in the negative.  Favoring … Continue Reading
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