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  • In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause
    In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause

    There are instances when a will has been revised to change the distribution of assets amongst beneficiaries. Some of these wills may have a no-contest clause that would prevent anyone from contesting ...

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  • Part II - Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers
    Part II - Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers

    To continue our blog on Hernandez v. Kieferle, Claudine appealed the probate court's judgment invalidating the 2008 amendment and confirming the Hernandezes as Gertrude's successor trustees. Claudine ...

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  • Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers
    Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers

    Under Probate Code section 21350, there is a rebuttable presumption that testamentary transfers to care custodians/caregivers are the product of fraud, duress, menace or undue influence. However, ...

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  • Part II: Comedian Richard Pryor and His Last Act
    Part II: Comedian Richard Pryor and His Last Act

    To continue our blog on Richard Pryor's estate in Estate of Pryor (2009) 177Cal.App.4 th 1466, the Second District Court of Appeal affirmed the trial court's decision of sustaining the wife's demurrer ...

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  • Comedian Richard Pryor and His Last Act
    Comedian Richard Pryor and His Last Act

    Richard Pryor's kids probably did not think the comedian was being funny when he secretly re-married his care custodian in his later years; and consequently, revised his estate plan to leave ...

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  • Unclean Hands Doctrine - Part II
    Unclean Hands Doctrine - Part II

    In Flowers v. Dancy, the Court of Appeals affirmed the trial court's ruling and central finding that Andre is prohibited from attacking the forged deed to McIntyre due to the unclean hands doctrine. ...

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