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A California woman serving as a conservator lost her defamation lawsuit against a Sacramento television station as an appeals court concluded that she could not prove that the reports aired the report with knowledge that their information was false, or at least reckless disregard for its falsity. In reaching it conclusion, the court in Young …
California Court Rules Against Conservator in Defamation Lawsuit Read More »
A family’s trust dispute got new life when the California Supreme Court reversed an an appellate court ruling, and determined that a group of contingent beneficiaries did, as a matter of law, have standing to sue the trustee of a family trust for breaching his duties by making a large, risky investment in a company …
A “no contest” clause is an item inserted into many wills and/or trusts to reduce the likelihood that a beneficiary will mount a court challenge to the document. The California legislature modified the statute governing no contest clauses in recent years, attempting to simply the law regarding these provisions. In the process, however, the state’s …
Dealing with No Contest Clauses in California Wills, Trusts Read More »
A California appellate court upheld the right of the children of a man’s ex-wife to receive the distributions promised to them in the man’s will and trust. In Estate of Lira, the court rejected a daughter’s argument that her father’s ex-wife’s children were disqualified from inheriting, ruling that the ex-wife’s family was related to the …
Children of Ex-wife Entitled to Take in Accordance with Man’s Will, Trust, Court Rules Read More »
A now-deceased man’s estate planning oversight yielded a dispute that will now be decided by the U.S. Supreme Court. The case of Hillman v. Maretta pits the man’s ex-wife, whom he named, and never replaced, as the death beneficiary on a life insurance policy, and the man’s current wife, who claimed that the ex-wife lost …
High Court to Review Case Awarding Insurance Proceeds to Ex-wife Read More »
A surviving spouse argued, to no avail, that his marriage to his registered domestic partner served as an automatic invalidation of the couple’s domestic partnership agreement regarding property and assets. In Konou v. Wilson, the California Court of Appeal ruled that the agreement served a similar function to a pre-nuptial agreement, and the couple’s marriage …
A judge recently approved the sale of the home of former Playboy Playmate Anna Nicole Smith. The proceeds from the sale will go to the late model’s six-year-old daughter, Dannielynn. Many may remember Anna Nicole Smith for her marriage to the late J. Howard Marshall, an oil industry magnate. According to a local news article, …
Anna Nicole Smith’s Studio City Home Sells, Proceeds to Go to Daughter Read More »
On November 19, 2012, in Department 11 of the Los Angeles County Superior Court, Judge Michael I. Levanas was set to determine whether the Ariel Winter, the 14-year-old teen star of “Modern Family,” should continue living with Shanelle Gray, her adult sister. Shanelle Gray has had temporary guardianship of the actress since October 3, 2012, …
Ariel Winter of “Modern Family” will remain with her sister under Temporary Guardianship Read More »
Day long conference to be presented on November 9, 2012, by USC Gould School of Law at the Millennium Biltmore Hotel. Always top notch program. Subjects to be covered this year include Recent Developments in Probate and Trust Law, Current Elder Law Issues and Practical Considerations, Creditor Claims, Trustee Compensation, Recent California Legislation, and Anticipated …
On September 19, 2012, firm partner, Yasha Bronshteyn attended the Special Needs Trust Seminar presented by Wells Fargo Bank and sponsored by the Barlow Foundation, Goodwill Southern California, and the United Rescue Mission. The assets in a properly established Special Needs Trust (SNT) will not be counted toward the Supplemental Security Income (SSI), Medi-Cal and …
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