News & Analysis as of

Estate Planning › Probate Code

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Offit Kurman

Trustee's Standing in Estate Distribution: A Legal Analysis of Estate of Barry Tarlow

Offit Kurman on

In a groundbreaking decision that could reshape the landscape of California estate law, the Court of Appeal in the Second District Division Four has ruled in favor of trustee David Henry Simon, affirming his right to seek a...more

Charles E. Rounds, Jr. - Suffolk University...

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Charles E. Rounds, Jr. - Suffolk University... on

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Charles E. Rounds, Jr. - Suffolk University...

Whether an equitable power of appointment incident to a trust relationship is “in gross” or “collateral”: The practical...

Charles E. Rounds, Jr. - Suffolk University... on

Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more

Patton Sullivan Brodehl LLP

California Supreme Court Clarifies Trust Amendment Rules for Conflicts Between Trust Terms and the Probate Code

Patton Sullivan Brodehl LLP on

The California Supreme Court recently addressed the complexities surrounding trust amendments in the case of Haggerty v. Thornton (2024) 15 Cal.5th 729. The case settled the confusion over potential conflicts between trust...more

Bowditch & Dewey

Is a Scribbled Will Valid in Massachusetts?

Bowditch & Dewey on

A handwritten or scribbled will signed by the testator is technically known as a holographic will, and many people try to prepare their own wills in an attempt to be frugal. However, are holographic wills valid in...more

Stark & Stark

Capacity to Execute a Last Will and Testament

Stark & Stark on

When an individual executes a Will near the end of their lives, or at a time that they are suffering from emotional or physical trauma, a question may arise whether the decedent had sufficient capacity to execute their Last...more

Charles E. Rounds, Jr. - Suffolk University...

Incorporating into a trust instrument a nonjudicial mechanism for effectuating on an ongoing basis the wishes of the deceased...

Charles E. Rounds, Jr. - Suffolk University... on

There is much to commend in O’Brien, Proposing a Model Antilapse Clause, 48 ACTEC L. J. 257 (2023), particularly its flagging of the doctrinal and practical flaws in Uniform Probate Code §2-707, which would apply the...more

Farrell Fritz, P.C.

The Admission Of Remotely Witnessed Wills To Probate In New York

Farrell Fritz, P.C. on

In 2021 and 2022, I wrote about Surrogate’s Court decisions that addressed the admission of remotely witnessed wills to probate in New York State.  Since then, Surrogate’s Courts have issued at least two more decisions...more

Patton Sullivan Brodehl LLP

Strict Notice Is A Must To Trigger Deadlines For Will Contests

Patton Sullivan Brodehl LLP on

It is a standard requirement in Probate Court disputes that the parties strictly adhere to the rules regarding notice of relief sought to all potential heirs and beneficiaries. The recent decision of Bailey v. Bailey...more

Downey Brand LLP

Aretha Franklin Makes Us “Think” About Handwritten Wills

Downey Brand LLP on

Earlier this month, a Michigan jury considered whether handwriting in a spiral notebook found under a couch cushion at singer Aretha Franklin’s home constituted her valid last will. Franklin had written and signed the...more

Downey Brand LLP

Dementia Causes Uneasy Balance Between Freedom and Protection

Downey Brand LLP on

Independence Day invites reflection on another form of freedom. How do we respect the autonomy of California’s elders who experience progressive forms of dementia while protecting them from potential abuse and other harm?...more

Downey Brand LLP

Court Applies Harmless Error Rule to Validate Will Benefiting Ex-Fiancé

Downey Brand LLP on

Typewritten wills in California generally require the signatures of two witnesses to be found valid, but the harmless error rule can save the day. Probate Code section 6110(c)(2), as recently discussed, provides that a will...more

Downey Brand LLP

How Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?

Downey Brand LLP on

We often see siblings litigate in California over the allocation of tangible personal property held in the family trust. When Mom and Dad have passed, the tug of war may involve jewelry, paintings, photos, firearms,...more

Downey Brand LLP

Hot Water Alert! Agent Should Not Co-Own Account with Principal

Downey Brand LLP on

Financial powers of attorney give the named agent broad control over the principal’s assets and thus are a key component of estate planning. Such powers allow the agent to help if and when the principal becomes incapacitated....more

McGuireWoods LLP

Recent Cases of Interest to Fiduciaries: May 2023

McGuireWoods LLP on

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following... ...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - May 2023

Goulston & Storrs PC on

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

Downey Brand LLP

Cohabitation Required for “Marital Presumption” to Bar Heirship

Downey Brand LLP on

Who’s your father for inheritance purposes in California? Family Code section 7540(a) states that “the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the...more

Downey Brand LLP

Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate

Downey Brand LLP on

Here’s another reason (uno más in Spanish) to create and properly execute a will. If your spouse or other trusted designee lives out of the country when you die, he or she won’t be eligible to administer your California...more

Downey Brand LLP

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents

Downey Brand LLP on

What pea is in which pod? California probate disputes often involve questions of property ownership. Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true...more

Downey Brand LLP

Late Trust Contest May Trigger Enforcement of No Contest Clause

Downey Brand LLP on

No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument. Yet the probable cause safe harbor may disappear if the contest...more

Downey Brand LLP

See No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of Estate

Downey Brand LLP on

We write today about probate law, premarital agreements and the importance of doing your homework. In Estate of Eskra (2022) ___ Cal.App.5th.____, the First District Court of Appeal upheld a Humboldt County Superior Court...more

Downey Brand LLP

Who Protects the Interests of Children in Trust Disputes?

Downey Brand LLP on

California trust disputes often involve the interests of parents and their minor children. Sometimes those interests conflict. When disputes are settled, who looks out for the interests of children under 18 years of age? Who...more

Downey Brand LLP

Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Downey Brand LLP on

Can a California court stop others from changing an elder’s estate plan?  Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust....more

Faegre Drinker Biddle & Reath LLP

Indiana Court of Appeals Invalidates Trust for Failure to Identify Trust Beneficiary

Faegre Drinker Biddle & Reath LLP on

Recently, the Indiana Court of Appeals decided the case of Wilson v. Wilson. The case involved the last will and testament (“Will”) of decedent Terrel Wilson, Sr. (“Terrel Sr.”), which purported to create a trust....more

Winstead PC

Trustee’s Obligation to Inform Beneficiaries: Avoiding Breach of Fiduciary Duty Claims - Presentation

Winstead PC on

David F. Johnson presented “Trustee’s Obligation to Inform Beneficiaries: Avoiding Breach of Fiduciary Duty Claims” to a national audience on November 16, 2021, via Strafford publishing with his co-presenter Scott E. Rahn,...more

78 Results
 / 
View per page
Page: of 4
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide