Some estate plans make use of a “five-or-five” provision to help reduce the estate tax. In the recent decision in Estate of Cairns (Sept. 15, 2010) 188 Cal.App.4th 937, the court had to interpret such a five-or-five provision many years after the death of the testator. As the court explained, “Margaret Cairns executed a will …
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The recent decision in Araiza v. Younkin (Sept. 30, 2010) 188 Cal.App.4th involved the disposition of a bank account following the death of the parent. Under the law of wills, the beneficiary named on the account would have taken the funds, regardless of contrary language in the will. Ah, but the mysterious law of estate …
Here’s a recent case in which the result cannot be what the decedent intended. As a starting point, let’s discuss the law of wills. When a distribution is made by will (or by intestate succession), the gift is effected at the time of death. Absent a disclaimer, the recipient and his or her heirs are …
Continue reading “Weinberger v. Morris – Distribution is Not What Was Expected From Trust Agreement”
Conventional wisdom is that a safe deposit box is a safe place to store valuable belongings. And that’s true, as long as the owner keeps track of the contents of the safe deposit box. Yet, I have handled a case in which a bank denied, in writing, the existence of a safe deposit box in …
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It’s remarkable how persons come out of the woodwork after a relative’s death, claiming that they should get a share of the decedent’s estate. Especially when the decedent left money to someone not related by blood who helped care for the person in his or her declining years. In this case, the wicked step-daughter. The …
California provides a one-year statute of limitations for claims against a deceased person. If a claim exists against a person as of the time of that person’s death, an action based on such claim must be filed within one year after death or forever be barred. Caveat – This rule assumes that the claim existed …
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Whether a person has sufficient mental capacity to make a will can be a difficult question. Historically the law has set a low bar for capacity to make a will. The recent decision in In re Estate of Manuel focused on a fight over attorney’s fees. The dispute under the discovery laws involves a thorny …
Here’s an awkward fact pattern Grandfather establishes a testamentary trust, which trust was confirmed in 1971 court order. The trust provides for distributions to the “grandchildren.” A decade later, an individual (Mr. Quick) learns that he is a grandchild, and strikes up a friendship with his father, who is also a trustee of the trustee. …
Continue reading “Court Permits 35 Year Delay in Filing Claim for Breach of Trust”
A recent case emphasizes that the probate court has broad powers to prevent the looting of a decedent’s estate, and can award penalty damages, as well. In Estate of Kraus (April 27, 2010) 184 Cal.App.4th 103, the decedent’s brother used an invalid power of attorney to clean out her bank accounts in the hours before …
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In the recent decision in Estate of Hastie, the court invalidated a transfer of real property made several years before Mr. Hastie’s death. In a matter of first impression under Probate Code section 21350, the court held that the gift to a caretaker was could be challenged years after the deed was recorded. This, surely, …
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