Recent Posts in decedent Category
Posted on May 12, 2023 By James D. Stephens, Esq.
What qualifies as a “Small Estate” under California law? Under California law, an estate valued at $188,400 or less (for deaths on or after April 1, 2022) qualifies as a “small ...
Continue reading "What qualifies as a “Small Estate” under California law?" »
Posted on Apr 28, 2023 By James D. Stephens
In estate planning and inheritance law, some important concepts can change who inherits what from you. Lapse, ademption, and exoneration all relate to the distribution of assets after a person’s ...
Continue reading "What is the difference between lapse, ademption, and abatement? And why should I care?" »
Posted on Aug 23, 2018 By Stephens Law Group
[7/11/2023 UPDATE] No. According to a Michigan Jury, a handwritten note found in the singer's couch is actually a valid Will. See the AP News article here: ...
Continue reading "Is it true that Aretha Franklin died without a Will?" »
Posted on Oct 27, 2017 By Stephens Law Group
California courts have long grappled with this issue -- when a California senior dies with joint bank account, who does the money belong to? Is it the decedent's estate, or the surviving joint ...
Continue reading "When a CA senior with a joint bank account dies, do the funds belong to the decedent's estate or the co-signer?" »
Posted on May 25, 2016 By Stephens Law Group
In California, probably not. It's fairly common for a person to want to leave an inheritance to someone, "but not if he or she is still married to that monster." A gift conditioned on ...
Continue reading "Can my Will leave a gift to someone on the condition that he or she get divorced?" »
Posted on May 9, 2014 By Stephens Law Group, P.C.
Yes. According to her attorney, Mickey Rooney's widow just filed a contest of her late husband's Will, in the probate department of the Los Angeles Superior Court. The complete story can be ...
Continue reading "Did Mickey Rooney's widow really contest her late husband's Will?" »
Posted on Jan 31, 2014 By Stephens Law Group
In its most recent ruling about wills and trusts, the California Supreme Court in Donkin v. Donkin (December 26, 2013) ruled that a challenge to a Trust does not trigger the Trust's ...
Continue reading "California Supreme Court determines No-Contest Clause Unenforceable" »
Posted on Jan 24, 2014 By Stephens Law Group
The short answer? Yes (for some estates without a filing requirement). The slightly longer answer? The IRS recently issued Revenue Procedure 2014-18 which: "...provides a simplified method for ...
Continue reading "Will the IRS give me an extension of time to file my portability election?" »
Posted on Jan 17, 2014 By Stephens Law Group
No. Only a decedent's Will may be lodged with the Superior Court ( California Probate Code §8200 ). If you're still alive, the court will reject the document for filing. You're better ...
Continue reading "May I lodge my original Will with the Court for safekeeping?" »
Posted on Nov 4, 2013 By Stephens Law Group
The IRS recently released its new Form 706, U.S. Estate Tax Return, here: http://www.irs.gov/pub/irs-pdf/f706.pdf Thanks to the American Taxpayer Relief Act of 2012 (ATRA), and its new $5.25 million ...
Continue reading ""Portability" - what's that got to do with the new 2013 IRS Estate Tax Return?" »
Posted on Oct 1, 2013 By Stephens Law Group
When you think about it, estate planning is the process of making decisions now so that other people don't have to guess what you want done later (at your incapacity or death). A good estate plan, at ...
Continue reading "Do I Need Estate Planning?" »
Posted on Sep 30, 2013 By Stephens Law Group
We get this question a lot. And the California State Bar Foundation (one of our favorite providers of free, easy-to-read consumer guides on many legal subjects) does a good job providing the answer: ...
Continue reading "Do I need a Will?" »
Posted on Sep 13, 2013 By Stephens Law Group
Are you looking for lost money? Believe it or not, you could be one of millions of Californians who is owed money by the State. The California State Controller's Office acquires hundreds of ...
Continue reading "Eureka! California's Unclaimed Property Law" »