How to Disinherit a Spouse or Child

When disinheriting a spouse or child, the key is to be clear and explicit. Here are some DOs and DON’Ts to follow when your client wishes to disinherit a spouse or child. Continue reading

Catastrophe or Choice: Actor’s Estate Plan Comes Under Scrutiny

2013-07-catastrophe-122552905The estate plan of deceased actor James Gandolfini has been labeled a “disaster,” a “catastrophe,” and “a nightmare from a tax standpoint.” But was it, in fact, a costly mistake, or was it simply a considered choice?  Continue reading

If We Die, Where Will the Kids Go?

kid_137155350For every parent, the most important function of his or her will is the nomination of a guardian for minor children. Continue reading

No Inheritance for Anna Nicole Smith: Ninth Circuit Was Right (Again) for the Wrong Reason

Update: In a reversal of fortune, the district court has awarded sanctions for discovery abuse in favor of Anna Nicole Smith’s estate and her daughter Dannielynn against the estate of her stepson, Pierce Marshall, and his attorney. In a sweeping decision (Marshall v Hilliard (In re Marshall) (CD Cal May 29, 2013, SACV-01-0097 DOC)), the court found that Marshall and his attorney had practiced a fraud on the court and made a mockery of the justice system by withholding or destroying documents, among other abuses. Smith’s estate now stands to collect much of the earlier damage award thrown out by the Ninth Circuit.

It isn’t often that a court is reversed twice by the U.S. Supreme Court in the same case and still had the right result. But in effect, that’s what happened to the Ninth Circuit in the Anna Nicole Smith case. Continue reading

One of the Most Important Decisions We Ever Make: Choosing an Executor

One of the most important estate planning decisions you can make, or help your clients make, is choosing an executor for your will. As succinctly put in an ABA article (.pdf): “The most important thing is that you pick someone who is financially responsible, stable, and trustworthy.” Continue reading