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Drafting an Estate Plan for those with Multiple Sclerosis and Parkinsons

Posted on | April 30, 2010 | No Comments

In “Psychological and Emotional Impact of Chronic Illness on Estate Planning: Case Study Comparing and Contrasting Multiple Sclerosis and Parkinson’s Disease,” Kalb et al disclose the attendant problems with planning for those with MS or PD. They also discuss that “[a]ttorneys need to be alert for the possibility that family members or caregivers might take advantage of an MS or PD client.” They give a few key tips that were highlighted in Prof. Beyer’s blog:

* Planning shorter meetings
* Planning for the effects the illness has had on the client’s ability to write
* Recognizing that family members may be exerting undue influence on the client
* Helping the client come to terms with the need for estate planning
* Addressing special estate planning issues that might arise as the client’s illness progresses
* Paying attention to how a client’s religious beliefs impact planning

Thanks to Prof. Beyer for bringing this article to my attention.

Category: Trust and Estate Litigation
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When Celebrity Estate Planning (or a Lack Thereof) Leads to Probate Disaster

Posted on | January 31, 2010 | No Comments

A young Michigan probate litigator who has shared a connection with the California Probate Center (see the Blogroll) has published a new book titled “Trial and Heirs: Famous Fortune Fights . . . And What You Can Learn from Celebrity Errors.” The book covers the estates of Michael Jackson, Ted Kennedy, Princess Di, Anna Nicole Smith, Heath Ledger and others. It also includes helpful sections of “Tips to Avoid a Family Fight” and “Ideas to Spark Family Discussions.” It takes a systematic approach to estate planning including the strengths and weaknesses of wills, and the modern approach to estate planning that bypasses probate entirely by using trusts. Want to learn more? You can read more about the book by going to its website and you can purchase a copy on Amazon.

Category: celebrity
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Funeral Goes Horribly Wrong

Posted on | November 30, 2009 | No Comments

In a bizarre turn of events, a funeral went awry after a coffin that was being lowered into a grave broke open. Immediately after the mishap, the funeral workers that were lowering the coffin allegedly ran from the scene, so two family members jumped into the grave in an attempt to lift the coffin from the grave. At that point, the coffin allegedly crumbled because it was made from particle board that was stapled together.

In California, the aggrieved witnesses could recover under the authority of Christensen v. Superior Court, 54 Cal. 3d 868, 888 (1991), which provides in part that: “Once a mortuary . . . undertakes to accept the care, custody and control of the remains, a duty of care must be found running to the members of decedent’s bereaved family.” The case goes on to list the elements for a prima facie cause of action for negligent infliction of emotional distress. In the American legal system, money does not often compensate a victim that sustained a purely emotional loss. But I doubt any amount of money will sooth the victims’ troubled memories.

Category: California Probate Practice
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Why Do I Need a California Will? 5 Myths About Wills

Posted on | October 31, 2009 | No Comments

USA Today has published a list dealing with misconceptions about wills. The list tackles 5 common myths:

  1. Estate planning is for rich people.
  2. If I die without a will, everything will go to my spouse.
  3. If I have a will, my estate won’t go through probate.
  4. After I create my will or living trust, I’m all set.
  5. I could be held responsible for a deceased parent’s debts.

You can read the article itself here.

Category: California Probate Practice
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Disinheritance: Will I Be Disinherited for Marrying Outside the Faith?

Posted on | September 30, 2009 | No Comments

The Illinois Supreme Court ruled that a Jewish couple’s dying wish to disinherit any of their grandchildren that married outside of the Jewish faith was lawful. The Courts have traditionally ruled that clauses that promote divorce are against public policy, but here the Court held that the clause did not do so. The clause in question required that upon the death of the surviving testator, if any grandchild married outside of the Jewish faith, their non-Jewish spouse had a year to convert to Judaism. If they did not convert, then their share would revert back to their parents. This clause would likely control dispositions under other faiths as well.

Category: California Probate Practice
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Trust Litigation - A $5 Billion Dollar Trust for the Dogs?

Posted on | August 31, 2009 | No Comments

Leona Helmsley left an estate valued at about $5 billion with instructions stating that the money should, at least in part, be dedicated to the wellness of dogs. A few months ago, a judge ruled that the trustees could actually spend the money for other purposes – giving the green light for the trustees to spend over $100 million in grants on other causes. This angered animal protection organizations including the A.S.P.C.A. and the Humane Society. Those organizations have now joined together and filed suit in an attempt to reverse the judge’s ruling which they view as a “scheme to deprive dog welfare charities” of the money that they believe should be going to them. As the New York Times article points out, none of this affects Trouble, Helmsley’s dog that was gifted $12 million (later reduced to $2 million) out of her estate. Trouble enjoys a $100,000 per year security detail that helps to insulate him from the heated arguments in court over the fate of his brethren.

Category: Trust and Estate Litigation
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What Is a No Contest Clause? Michael Jackson’s Mother Requests Instruction

Posted on | July 31, 2009 | No Comments

A no contest clause is a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary if the beneficiary files a contest with the court. Michael Jackson’s mother has asked the court whether her requesting the removal of Jackson’s executors (“What are the Duties of a California Executor or Personal Representative?) would trigger the no-contest clause in Jackson’s will. The law in California is about to change greatly in this regard to discourage these types of filings.

Most attorneys will ask the court’s permission to challenge a provision before initiating a full blown proceeding. This has flooded the court system with petitions asking for interpretations of the clauses. The new law in 2010 will allow certain challenges despite the use of a no contest clause and take away the ability to petition the court for review of others. Michael Jackson’s mother wants to either challenge the executors of Michael’s estate, or put her own petition before the court asking the court to appoint her as executor. This could trigger a clause in Jackson’s will essentially disinheriting her – so her lawyer has asked whether placing her own petition before the court will trigger the provision. You can read more about the story here.

Category: Removal of Personal Representative
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