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The Estate Lawyers reports on positive imminent changes to California probate code which means more homes will be eligible for the simplified probate process. Still, this does not obviate the value of a solid trust.
Jay Leno’s dedication to his wife’s care — by petitioning for conservatorship — underscores the importance of thoughtful and thorough estate planning. Estate attorneys, planners, and individuals – especially spouses – can learn from this case, ensuring that loved ones are protected and provided for, no matter what the future holds.
Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native Canada, Robertson died in August 2023 at the age of 80 after living with prostate cancer for several years. His death triggered a legal battle over his estate, primarily between his three children from his first marriage, Alexandra, Delphine, and Sebastian Robertson, and his second wife, Janet Zuccarini. The children allege that Zuccarini financially abused Robertson to inherit a greater part of his estate, coercing him to sign documents that were against his intentions while his health and mental capacity were declining. Estate planners and attorneys can learn much from this unfortunate case.
We are proud to announce a confidential settlement in favor of our client, a family that was embroiled in estate litigation involving disputes over a considerable inheritance and allegations of incapacity. Our team rocked, making sure the heirs will receive hundreds...
Breach of fiduciary duty claims in estate and trust cases can be particularly challenging in California due to the state’s rigorous legal framework. Fiduciaries, such as executors and trustees, are entrusted with significant responsibilities and must act in the best interests of the beneficiaries. When a fiduciary fails to fulfill these duties, it can lead to complex legal disputes and, in some cases, personal liability for the fiduciary. Both plaintiffs and fiduciaries must understand their rights and responsibilities to navigate these complex disputes successfully and will serve their clients and themselves well by implementing preventive measures and by communicating openly. Doing so, fiduciaries can minimize the risk of breaches and ensure the fair administration of estates and trusts.
A California judge is weighing a petition to remove the trustee of a family trust for a list of reasons that serves as a reminder about the obligations and fiduciary duties of a person assigned this important role. According to the petition, the trustee has neglected her responsibilities in several categories, i.e., asset distribution, communications with beneficiaries, accounting and record keeping, and collecting all benefits due to the trust.
A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was insufficient to execute this important task.
Probate litigation in California occurs when legal fights arise over dividing a person's belongings and assets after they pass away. When someone dies, their estate goes through a process called probate. This process is where a court ensures assets are distributed...
Hyatt Heirs’ $200M Home Owned by Trusts, Excluded from Divorce The Pritzker family, primarily known for the Hyatt Hotel chain valued at $15 billion, is one of the richest in the country. Eleven Pritzkers are billionaires and one is the governor of Illinois. They are also known for the prestigious Pritzker Prize in architecture. After more than 30 years of…
Divorce Need Not Ignite Estate Litigation, But Too Often It Does By Amy L. Gostanian and Carl Jones Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for expensive and counterproductive “scorched earth” litigation…