CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Estate Planning

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When Planning Fails: Casey Kasem’s Lessons For California Trusts and Wills

Posted in Estate Planning, Litigation, Planning
Casey Kasem’s passing is a sober reminder of how people with estate plans can still be subject to bitter Court disputes in their golden years.  Prior to Mr. Kasem’s death his wife and children (from a prior marriage) were involved in a bitter conservatorship dispute.  Mr. Kasem had apparently prepared a healthcare directive naming his… Continue Reading

In Trusts we Trust: When should you create a Trust in California?

Posted in Estate Planning, Wills
I have heard it a million times before: “I don’t need a Trust because ____________” you fill in the blank: I don’t have enough money, I won’t care when I’m dead, California probate is easy, my wife and I own everything in joint tenancy…there’s many, many excuses and misinformation regarding Trusts in California. In California,… Continue Reading

Give a Little After You’re Gone: The benefit of charitable giving at death.

Posted in Estate Planning
Most of us are not capable of giving billions to charity, like Warren Buffet and Bill Gates  But charities, to be successful, don’t need billions (they’d love to have billions, I’m sure, but most operate on far less than that). Most people make modest charitable gifts to their favorite charity, university or church during their lifetime. … Continue Reading

The Backdoor Beneficiary: How Your New Spouse is Automatically a Beneficiary of Your Estate in California

Posted in Estate Planning
Love and marriage may go together (like a horse and carriage…), but marriage and estate planning may be another story. If a person creates a Will or a Trust in California and then subsequently marries, that person’s new spouse automatically becomes a beneficiary of the Will and Trust by operation of law.  Many times people… Continue Reading

Coping with Incapacity: How Trust Planning Is Life Planning

Posted in Estate Planning, Lack of Capacity, Will Creation
How does your trust help you while you’re alive?  Many people think of trusts as death planning instruments–the type of thing that only operates upon your death. But trusts have a critically important role to play while you are alive in the event you lose capacity.  People are living longer and the likelihood of being… Continue Reading

Would You Pass a Legal Checkup?

Posted in Estate Planning
Here is another business law offering that I published in our local Corona Business Monthly.  We come across many business issues in our Trust and Will litigation practice, so it never hurts to discuss business law concerns. Stress can affect wellness.  And legal problems can bring the kind of stress most people would rather avoid. … Continue Reading

Marital Rights Without Marriage — How Nonmarital Partners May Receive a Share of a Deceased Partner’s Estate Based Upon an Oral Promise Before Death

Posted in Estate Planning, Litigation
One of my first litigation cases was against attorney Thomas W. Dominick in San Bernardino County Probate Court. Tom is one of the best estate and trust litigators in California. To say the least, I was scared. The issue in that case revolved around whether my client had a right to his girlfriend’s real property after… Continue Reading