Interference with Inheritance Expectancy

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

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The Certification of Trust and the Certified Abstract of Trust

People 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

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No Contest Clauses

The 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

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Disinherited and Omitted Children

          Expressly 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

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Small Estate Affidavit Procedure

          In 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

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Mineral Rights, Royalties & Estates

          Mineral 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

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What to Consider when Selecting a Trustee

Are you thinking of estate planning? One of the main steps to take in this process is to choose a trustee to manage your trust estate. Essentially, this is a person who will manage all aspects of the trust estate and make major decisions related to it. Given the important nature of the position, the […]

posted on: July 7, 2020

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Appreciating the Differences Between Probate & Trust Administration.

          Probate and trust administration are not the same.  There are important differences and similarities between administering a decedent’s probate estate and administering a decedent’s trust estate.  Let’s begin with the differences.           Probate is court supervised whereas trust administration is private.  To commence probate one publishes notice in a newspaper and appears at a […]

posted on: July 2, 2020

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Paying for Necessary Medical expenses with Medi-Cal Share of Cost.

           California’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

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Remaining At Home as a Senior Citizen

         Many 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

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