Adoption

Adoption has a long history under US law, though its history with respect to English Common Law is surprisingly not so long. English law did not recognize adoption until 1926 whereas almost all the states understood the need for adoption as a legal institution early on. With the advent of legal adoption comes questions regarding […]

Read more

Revoking a Will

Consider the following scenario: A man goes to his lawyer’s office and tells the lawyer that the man would like to draft a will. The lawyer provides the man with a questionnaire and requests that the man go home and meet again in a few days with the questionnaire fully filled out. The man returns […]

Read more

Wills and the Constitution

Within the California Probate Code are several rules about drafting wills, creating trusts, executing wills, attestation etc. There are, however, conflicts with respect to other laws that are not specifically addressed by the California Probate Code. Suppose that inheriting via a will requires that the decedent give up some right in order to inherit. Does […]

Read more

Substantial Compliance

David was in his late 60s. recently, his health had turned for the worse. While he worked hard at his construction business and was very successful, he also made time to exercise regularly in the California sun. Therefore, his failing health was a shock to the family. It seemed that he only had months to […]

Read more

Anti-Lapse

Consider the following common scenario: Mark is a successful business executive in his mid-50s. He worked hard over a number of years and, in the course of time, amassed a sizable estate. He owns a home in Northern California and has put away savings over the past 10 years. Now, he decides to draft a […]

Read more

top