Recent Posts in Will contest Category
Posted on Jul 28, 2011 By Los Angeles Estate Planning Attorney
I'm sure many of you have seen Hollywood movies, and some commercials for that matter, where everyone is gathered around to hear the reading of the Last Will and Testament of a deceased ...
Continue reading "Preventing Will Contests" »
Posted on Dec 16, 2010 By Los Angeles Estate Planning Attorney
In 2010, the California Appellate Court heard a case involving a surviving spouse disputing with the Decedents four children from a previous marriage. Prior to his remarriage, decedent rolled his 401k ...
Continue reading "A Surviving Spouse Unsuccessfully claims ERISA Protections" »
Posted on Dec 8, 2010 By Los Angeles Estate Planning Attorney
If you have recently lost a loved one and suspect that their estate planning documents, namely the will was obtained by fraud, you may have grounds to invalidate the will. If you live in California ...
Continue reading "Questioning the Validity of a Will because of Fraud?" »
Posted on Nov 2, 2010 By Los Angeles Estate Planning Attorney
In yesterdays' blog we determined situations where capacity can be an issue for someone looking to draft a will. In fact, for that reason, California has established very specific guidelines for ...
Continue reading "Determining Capacity" »
Posted on Nov 1, 2010 By Los Angeles Estate Planning Attorney
As attorneys who advise clients day to day on estate planning, one real concern we have is establishing capacity when drafting a will. The concern of capacity becomes more present when dealing with ...
Continue reading "Capacity in California" »
Posted on Oct 27, 2010 By Los Angeles Estate Planning Attorney
Unfortunately, drafting a will, can be considered a taboo or depressing subject among family members. Therefore, many loved ones do not realize the terms of a close family member or friends will until ...
Continue reading "What to do if You have a Problem with a Loved One's Will" »
Posted on Oct 26, 2010 By Los Angeles Estate Planning Attorney
A will may likely be held invalid if there was a fraud in connection with the signing of the will. However, In order to prove that a fraud has occurred there must be proof of an intent to deceive. For ...
Continue reading "Can a Will be invalidated because of Fraud alone?" »
Posted on Oct 11, 2010 By Renee Linares
Often times when an ailing person requires 24 hour care, they become quite close with their care custodian. This may result in situations where the care custodian uses the close relationship and the ...
Continue reading "Donative Transfers to Care Custodians of Depending Adults" »
Posted on Aug 23, 2010 By Los Angeles Estate Planning Attorney
If you reside in California you may have different witness requirements for your will than family and friends residing in other states. A will executed in California requires two witnesses. California ...
Continue reading "Witnessing a Will in California" »
Posted on Aug 18, 2010 By Renee Linares
A will may be held invalid if the will was procured as a result of a mistake. However, what does this mean? This doesn't necessarily refer to typos or minor changes which can be debated in probate ...
Continue reading "How dangerous is a Mistake in your Will: It Depends..." »
Posted on Aug 17, 2010 By Renee Linares3
There are several grounds upon which you can contest a will. One of the grounds is fraud which is often brought together with undue influence. Fraud is defined as a false representation or concealment ...
Continue reading "Contesting a Will based on Fraud" »
Posted on Aug 13, 2010 By Renee Linares
In order to qualify as a will contest under California Probate Code section 21311(a)(1) the contest must be direct. A direct contest is one "that alleges the invalidity of a protected instrument" a ...
Continue reading "Requirements for a will contest" »
Posted on Aug 10, 2010 By Renee Linares
On January 1, 2010, the California legislature enacted new laws regarding no contest clauses. Most significantly, the definition of contest was changed to include a requirement that a direct contest ...
Continue reading "California establishes a test for Probable Cause in a Will Contest" »
Posted on Aug 9, 2010 By Renee Linares
On January 1, 2010, Senate Bill 1264 became operative law. This law repeals probate code sections 21300-21322 and replaces them with sections 21310-21315 which affect the laws regarding no contest ...
Continue reading "Legislative Changes Definition of Will "contests"" »
Posted on Jun 29, 2010 By Renee Linares
In June of 2010 the California Appellate Court decided on whether to recognize the tort of intentional interference with an inheritance expectancy, and declined to do so. This tort is a relatively new ...
Continue reading "What is Tortious Interference with Inheritance Expectancy " »
Posted on Jun 28, 2010 By Renee Linares
In June of 2010, the California Court of Appeals reviewed a case involving interference with an inheritance expectancy. Petitioner/Appellant James Munn alleges that his sister and brother-in-law ...
Continue reading "Tortious Interference with Inheritance Expectancy not recognized in California" »
Posted on Jun 18, 2010 By Renee Linares
How can a dog be a millionaire? With the recent trend of pet trusts as part of the estate planning process, some dogs have been able to "inherit" substantial wealth. The latest class of pet ...
Continue reading "Chihuahua Inherits Millions: How can this be?" »
Posted on Jun 14, 2010 By Renee Linares
As has been widely reported in papers of all nature, former child actor Gary Coleman died on May 28, 2010 after being removed from life support which has created a battle for control of his estate. ...
Continue reading "Battle for Control of Gary Coleman's Estate" »
Posted on Jun 11, 2010 By Renee Linares
When a person dies without a will this is referred to as "intestate." When there is no will, intestate success applies. This means that the Court will use the California Probate Code to determine the ...
Continue reading "Standard to Establish the Parent/Child Relationship when someone dies Intestate in California" »
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" »