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Blog Posts in Disinheritance

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  • No-Contest Clause
    No-Contest Clause

    A no-contest clause or an "in terrorem" clause is a provision in a testamentary instrument that is meant to discourage beneficiaries from disputing a will . This clause is typically used to threaten ...

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  • How Can You Circumvent the Omitted Spouse Provision?
    How Can You Circumvent the Omitted Spouse Provision?

    Under the California Probate Code, an omitted spouse is a surviving spouse that was unintentionally disinherited under a will or trust that was executed prior to marriage. The law provides for the ...

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  • Part IV - The Omitted Spouse
    Part IV - The Omitted Spouse

    Continuing our blog on the omitted spouse and specifically, the Estate of Will (170 Cal.App.4 th 902 (2009)), Gertrude appealed the probate court''s decision to honor the prenuptial agreement and ...

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  • Part III - The Omitted Spouse
    Part III - The Omitted Spouse

    The Estate of Will exemplifies one of the exceptions precluding a surviving spouse who was omitted from an existing testamentary instrument from receiving a share in his or her deceased spouse's ...

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  • Part II - The Omitted Spouse
    Part II - The Omitted Spouse

    An omitted spouse is a surviving spouse that was unintentionally disinherited under a will or trust that was executed prior to marriage. The California law protects an omitted spouse by providing for ...

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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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