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Sacramento Estate Planning Attorney

Posts tagged "Wills"

How failing to draft a will affects an estate in California


For many in California, it can be uncomfortable to consider the inevitable reality of death. But, it is something that will happen to everyone. With that in mind, there are certain issues that have to be accounted for regardless of the financial and personal situation of the individual. This is true with those who have significant property and money and those who are of more modest means. To that end, having a will can ensure that loved ones left behind will receive what the deceased, or decedent, wants them to receive. All properties will be allocated based on the terms of the will. Nonetheless, there are issues that will arise if the person dies without a will, and it is important to understand them.

No contest clause at issue in singer James Brown's will


Many California music fans remember singer James Brown, the "Godfather of Soul," who died nine years ago. Unfortunately, litigation over his estate remains ongoing. Recently, four of Brown's six children reached a settlement agreement, which has been submitted to a court in South Carolina for approval. But two of Brown's son's oppose the settlement and claim that, by challenging their father's will, the other siblings have forfeited their rights to any inheritance.

How does divorce impact wills drafted during marriage?


No matter the age of a couple, it is not uncommon to draft a will and establish an estate plan at some point during a marriage. Major decisions are made in these legal documents, and they can be very beneficial at delivering the wishes of the spouses at incapacitation or death. However, wills are often drafted with the idea that their marriage would last until death - so what happens if the couple decides to divorce?

"E.T." screenwriter's will is missing after her death


An important aspect of estate planning is drafting a will. However, including a will does not always indicate that the legal document will serve the role it was intended to. This is especially true if a will is missing after the death of a loved one in California or elsewhere.

What are the basic requirements of a valid will in California?


Under California law, some basic requirements must be met for a will to be valid. Anyone age 18 or over can make a will, provided that the person is mentally competent to do so. The California Probate Code makes it clear that a person is mentally competent to make a will as long as they understand the nature of what they are doing, understand what property they own and the extent of that property and know who their living spouse, parents, descendants and other potential beneficiaries are.

What is a California statutory will?


Every year in California, thousands of people die without a will. This may be shocking to people who understand how important it is to have the proper estate planning documents in place. Without a will this person has no ability to direct how his or her financial assets will be disbursed amongst friends, heirs, significant others and family members.

Same-sex marriage still up in the air

Same-sex couples and domestic partners in California may have something to worry about as they wait to hear how the Supreme Court's rulings may determine whether Proposition 8 will go into effect. In addition to this impending landmark decision, the Defense of Marriage Act, or DOMA, is under court scrutiny at the same time.

Deceased woman's donated clothes contain hidden treasure

People in California may have heard an interesting and amusing story about a woman who discovered a treasure trove of $100 bills in the pockets of the clothing of an 85-year-old woman who had recently died. The woman found some $30,000 in currency in the clothing, which had been given to her by family members of the deceased.

My Sacramento law practice, Michael A. Sawamura, Attorney at Law, focuses on wills, trusts and estate planning law in addition to business law and corporate defense services. My clients include professionals, government employees, small businesses, blue-collar workers and national corporations.

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