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Sacramento Estate Planning Attorney

Posts tagged "Estate Administration and Probate"

How does California law protect the omitted spouse?

In an earlier post in this blog we talked about the importance of updating a California estate plan in the event of a remarriage. If one fails to do this, one of the results may be the application of California's omitted spouse statute.

California's intestate succession laws

Most people in California have good intentions when it comes to estate planning. They know they have to get around to it someday. Unfortunately, for too many people that "someday" never comes, and they die without leaving a trust or will that directs how they want their estate to be distributed.

Challenging a California will or trust based on undue influence

Under California law, undue influence can be grounds to challenge the validity of a will or trust. A 2014 case from the California Court of Appeals illustrates the courts' power to void estate planning documents procured by undue influence. The case involved the third wife of an elderly multimillionaire. Before he died, the husband made multiple amendments to his trust, progressively giving more assets to the wife and disinheriting his two older children from a previous marriage. The husband and wife then jointly executed a new family trust which, among other things, designated all his assets as community property and gave the wife a life interest in his estate.

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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