Blog Posts in May, 2010
Posted on May 28, 2010 By Renee Linares
On July 1, 2009 Michael Jackson's Last Will and Testament was made public when it was filed with the Los Angeles County Superior Court pursuant to California Probate Law. The will, signed by Jackson ...
Continue reading "Case Study: Michael Jackson's Pour Over Will" »
Posted on May 27, 2010 By Renee Linares
On January 31, a court placed pop idol Britney Spears under temporary co- conservatorship of her father James Spears and attorney Andrew Wallete, giving them complete control of her assets. This ...
Continue reading "Celebrity Conservatorships" »
Posted on May 20, 2010 By Renee Linares
In January of 2010 the California Appellate Court ruled in favor of a parent when considering an application for appointment of a guardian who was not a parent or relative in Suleman v. The Superior ...
Continue reading "Petition for Guardianship: Rights of the Parent" »
Posted on May 19, 2010 By Renee Linares
When the Probate Court reviews a testator's will to distribute their estate the Court will consider the intent of the testator above all else. The testator is a term used to describe the person who ...
Continue reading "How the Probate Court Construes The Meaning of YOUR will" »
Posted on May 18, 2010 By Renee Linares
In 2009, the California Court of Appeals heard an appeal from the probate court's order denying the petition of grandchildren to determine survival and to determine persons entitled to distribution of ...
Continue reading "The Impact of a Survivorship Requirement on a Holographic Will" »
Posted on May 17, 2010 By Renee Linares
A probate guardianship is a formal court process in which the probate court appoints a guardian to have custody of a minor and or their property (California Probate Code §1510). A court's appointment ...
Continue reading "The Basics: Guardianship of a minor in California" »
Posted on May 14, 2010 By Renee Linares
In February of 2010, the California Court of Appeals considered whether a will that excluded unmentioned heirs and/or relatives expressed an intent by the testator to preclude the operation of ...
Continue reading "Excluding Heirs—Not enough to operate the Anti Lapse statute" »
Posted on May 13, 2010 By Los Angeles Estate Planning Attorney
A special needs trust is drafted to protect the government benefits of individuals with disabilities. The necessity for a special needs trust may arise if a disabled person comes into a lot of money ...
Continue reading "Protecting the Disabled: Special Needs Trusts" »
Posted on May 12, 2010 By Renee Linares
In May of 2010 the California Court of Appeals ruled that the Superior Court abused its discretion under Probate code §8464 by appointing a public administrator to act as the decedent's personal ...
Continue reading "The California Appellate Court Reverses Order Naming Administrator of Charles “the Mask” Davis Jr.’s Estate" »
Posted on May 11, 2010 By Los Angeles Estate Planning Attorney
In California , many actors begin their careers as child actors sometimes bringing in three figure salaries a year. This brings an interesting scenario where the children instead of their parents may ...
Continue reading "Are you Required to set up a Coogen Trust for your Child?" »
Posted on May 10, 2010 By Renee Linares
In 2009, The California Appellate District Court applied the current California test for standing and sufficiency for a petition for guardianship . This Case involved Petitioner Paul Petersen, the CEO ...
Continue reading "Standing and Sufficiency of a Petition for Guardianship: What Test applies in California?" »
Posted on May 7, 2010 By Renee Linares
In 2009, The California Appellate District Court ruled that a non-relative and stranger lacked standing to petition the probate court to appoint a Guardian of the Estate for eight minor children. This ...
Continue reading "CASE STUDY ON A PETITION FOR GUARDIANSHIP: THE “OCTO-MOM” APPEAL " »