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Blog Posts in January, 2013

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  • Omissions Do Not Make a Will Ambiguous
    Omissions Do Not Make a Will Ambiguous

    What happens when a condition stated in a will for distribution of assets does not occur? Do the assets pass on to the beneficiaries stated in the will or will the entire estate pass by intestacy? ...

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  • Part III: Challenges to Trust That Affects Distributive Scheme May Violate a Trust's No Contest Clause - Part III
    Part III: Challenges to Trust That Affects Distributive Scheme May Violate a Trust's No Contest Clause - Part III

    To continue the discussion on Donkin v. Donkin, the trustees appealed the trial court's decision. The Court of Appeal reviewed the case and stated that one of the issues that must be addressed was the ...

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  • Part II: Challenges to Trust That Affects Distributive Scheme May Violate a Trust's No Contest Clause
    Part II: Challenges to Trust That Affects Distributive Scheme May Violate a Trust's No Contest Clause

    In Donkin v. Donkin, spouses Mary and Rodney Donkin (settlors), created a revocable trust on August 15, 1988. The primary beneficiaries of the trust were the settlors' children Rodney Donkin Jr., Lisa ...

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  • Challenges to Trust That Affects Distributive Scheme May Violate a Trust's No Contest Clause
    Challenges to Trust That Affects Distributive Scheme May Violate a Trust's No Contest Clause

    A no contest clause "essentially acts as a disinheritance mechanism, wherein a beneficiary may be disinherited if he or she contests or seeks to impair or invalidate the trust instrument or its ...

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  • The Law in Effect at Time of Will Execution and During Executor's Death Governs the Terms of A Will
    The Law in Effect at Time of Will Execution and During Executor's Death Governs the Terms of A Will

    There are many instances when the law changes from the time a will is executed up to the time it is exercised. The question then becomes, which law must govern? The law existing at the time the will ...

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  • Part II: Remainder Beneficiaries May Have Standing to Sue Trustee for Breach of Trust Occurring During Settlor's Lifetime
    Part II: Remainder Beneficiaries May Have Standing to Sue Trustee for Breach of Trust Occurring During Settlor's Lifetime

    Continuing our previous post regarding the Estate of Giraldin (2011) 199 Cal.App.4 th 577, 131 Cal.Rptr.3d 799, William Giraldin, a successful businessman and investor, created a revocable trust and ...

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