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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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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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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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