A man prepared a holographic will providing that, upon his death, his wife would inherit his estate and that if he and his wife died at the same time, specific charities would inherit his estate. The handwritten will, however, contained no provision addressing the disposition of his estate if, as occurred here, he lived longer […]
Goodbye Tension, Hello Pension….Retirement Income Not!
When DHL acquired Airborne Express, it began to merge the two companies’ retirement plans. Before the merger, Airborne employees were able to transfer the entire balance of a Profit Sharing Plan to the Retirement Income Plan upon retirement, and would be entitled to at least $5,000 monthly from the Retirement Income Plan, while leaving nothing […]
Settlement Bars Claim To Bing Crosby Right Of Publicity.
Entertainer Bing Crosby married Wilma, and he and his wife had four sons. When Wilma died in 1952, her will provided that her community property be distributed in trust to their four sons. Bing Crosby married Kathryn and remained married until he died in 1977. He left the residue of his estate in trust for the […]
Legal Capacity, Undue Influence, Financial Elder Abuse.
When defendant and decedent married in February 2005, decedent’s trust provided for his children, grandchildren and a former son-in-law. After the marriage, in May 2005, decedent executed a trust amendment providing defendant with 50 percent of decedent’s assets upon his death. Between 2005 and 2008, several other amendments were executed, resulting in defendant being left with […]
Conspiracy Allegations To Go Back Into Fraudulent Estate Planning Pleading.
In the same action, but in a separate appeal, the law firm convinced the trial court to strike all conspiracy allegations from the plaintiffs’ pleading because Civil Code section 1714.10 bars the action. Civil Code section 1714.10, was enacted to combat “the use of frivolous conspiracy claims that were brought as a tactical ploy against attorneys […]
There’s A Difference Between A Rebuttable Presumption And The Burden Of Producing Evidence.
Decedent committed suicide 25 days after writing his will leaving his estate to his various children, grandchildren and one other child of a previous wife. Decedent had possession of his original will, but no one could find it after his death. Several of the children filed petitions to probate a copy of the will, but decedent’s […]
DOMA Found Unconstitutional By High Court.
Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 […]
No Creditor’s Claim Required.
The executor of an estate filed a petition confirming the sale of decedent’s real property. California Regional Water Quality Control Board filed an objection without filing a Creditor’s Claim because the proceeds were subject to a stipulated court order that required the property owner to remediate a waste landfill. The executor argued the Water Board was […]
In Wrongful Death And Survivor Causes Of Action Administrator Of Estate Not Required To Join All Heirs.
Plaintiff, the administrator of the estate of a decedent, brought an action alleging both wrongful death and survival causes of action. The defendants moved to abate the action for failure join all necessary parties. The administrator admitted she did not represent the heirs. The trial court ordered the entire action abated. Code of Civil Procedure section […]
No Fees For Trustee Of Special Needs Trust.
Plaintiff served as trustee of a special needs trust for four and a half months. The trust specified that any trustee who succeeded the public guardian was not entitled to compensation. Nonetheless plaintiff billed the estate $108,771.07, and the trial court awarded him $51,285.63, likely because it was the court who had appointed that particular […]