What is the legal remedy when one person tortiously (wrongfully) interferes with another person’s estate planning so that an intended beneficiary receives either no or a lesser inheritance? Since 2012 California has recognized the tort [i.e., a civil wrongdoing] of “Intentional Interference with Expected Inheritance” (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1050-1056.). This tort […]
posted on: October 8, 2020
Read MorePeople want their confidential information inside of their living trust to remain confidential. However, after a Trust is executed the settlor(s) often find it necessary to disclose certain limited information in order accomplish the following: retitle assets into the trust; borrow money against trust assets; and insure the trust as owner of real property. Fortunately, […]
posted on: September 23, 2020
Read MoreThe law presumes that everyone wants that their estate planning documents to be respected. A “no-contest clause” (also appropriately called an “interrorem” clause) when properly used is intended to discourage unhappy beneficiaries from contesting the terms of a will, a trust or other protected instrument (e.g., a designated death beneficiary form). A beneficiary who violates […]
posted on: September 12, 2020
Read MoreExpressly disinheriting, or simply omitting, a child as a beneficiary in one’s will or trust can occur for a wide variety of reasons; such as, a quarrel, an estrangement, not wanting to give more to a child who has plenty, or not wanting to give to a child who will abuse or squander their […]
posted on: August 20, 2020
Read MoreIn California, if a decedent dies with a “small estate”, the “Affidavit Procedure” may be used by the decedent’s successor in interest, “… to collect money, receive tangible personal property, to obtain evidence of a debt, obligation, interest, right, security or chose in action ”. Let us discuss. Presently, a small estate in […]
posted on: August 7, 2020
Read MoreMineral rights are the ownership rights to underground resources, such as oil or natural gas. Mineral rights can be severed (separated) from the ownership of the surface land and so be owned by a different person. Such rights can be acquired by purchase, lease, gift or inheritance, either outright or in trust. Depending […]
posted on: July 22, 2020
Read MoreCalifornia’s Medi-Cal program requires beneficiaries to pay a monthly Share of Cost towards meeting their healthcare expenses. Share of Cost is computed based on the beneficiary’s monthly income less deductions, such as for the personal allowance and for any monthly maintenance needs allowance (to keep the beneficiary’s well spouse from impoverishment). Share of Cost, […]
posted on: June 12, 2020
Read MoreMany of my clients want to remain in their homes for as long as they are mentally and physically able to do so. Nowadays, with the Pandemic, people who avoid going into a residential care facility, such as an assisted living or a skilled nursing home, are much less likely to get Covid-19 and […]
posted on: May 28, 2020
Read MoreEstate planning is best done at times of ease when there is no compelling reason to do so. Now during the Covid 19 pandemic, here in California (and elsewhere), some people want to create, or update, their estate planning documents during the crisis. Normally, estate planning entails in person meetings with your attorney to […]
posted on: April 2, 2020
Read MoreMost parents want to divide their estate equally amongst their children. What is equal treatment at time of death can be disputed amongst the children when some children have received substantially more in lifetime gifts than the others. Accordingly, Parents often decide to count substantial lifetime distributions made to their children as advanced […]
posted on: March 12, 2020
Read More© 2026 Dennis A. Fordham All Rights Reserved
Follow Us