A no contest clause is a clause that is commonly included in a person\'s will in order to discourage any attempt to legally dispute the provisions of the will after the testator is no longer living. For various reasons--ranging from forgery to the discontent of disinherited family members--families of the deceased often seek to contest a will. A no contest clause serves to impede such...
The practice of California estate planning often includes the creation of wills for distribution of property after the testator has deceased. Within many California wills, estate planning attorneys are asked to include a clause entitled a no contest clause, in which the testator attempts to discourage litigation to contest the will after he or she is deceased. In such no contest clauses, any...
In California, it is common for testators to include a no contest clause in their will in the attempt to dissuade any future legal dispute over the provisions of the document. Such clauses generally state that if a beneficiary of the will decides to dispute any part of the will, that beneficiary will lose his or her inheritance from the estate of the deceased. There are times in which a no...
California Government Code 8280-8298 requires that the California Law Revision Commission uphold the responsibility to continually review the effectiveness and fairness of California\'s law. From time to time, the Commission will review laws and suggest changes to more adequately and adeptly respond to the needs of California\'s citizens. This is to ensure that California\'s legislation is...
As a pet owner, you want to be assured that your pet will continue to receive the proper care and attention that you have always provided, even when you are no longer able to take care of them yourself. A secure way of providing for your pet's care is through a pet trust, in which you designate both a caregiver to care for your pet and a trustee to ensure that your trust's funds are used for...
Once you have decided that a pet trust is the best option to ensure the long-term care of your pet in the event of your death or disability, the next question to consider is when to actually create the trust. You are given two options for creating a legally enforceable pet trust in California: (1) while you are still alive, or (2) following your death via provisions in a will.
There are...
Once you have decided to draw up a pet trust in California, you will need to designate a person (or persons) as caregivers for your pet in the event of your death or disablement. Possibly the most important decision involved in the pet trust process, determining the best person or persons to continue the care of your beloved pet is a decision that is crucial for your pet's future. While money...
If you've researched pet trusts, and are a pet owner who is concerned about the future well being of your animal when you are no longer able to care for him or her, you've most likely discovered the necessity for this part of your estate planning. Even after deciding to obtain a pet trust, however, pet owners continue to have questions concerning the legal process and funding of such a trust....
When hotel heiress and billionaire Leona Helmsley died in 2007, her pet Maltese, Trouble, became the beneficiary of a $12 million pet trust that Helmsley had established as part of her estate plan. Mrs. Helmsley cared very deeply for her animal companion. Although she left money in her will for Trouble, she failed to secure a legally enforceable pet trust to ensure that her beloved Trouble...
The well-documented case of Leona Helmsley, billionaire hotel mogul and real estate investor, has continued to be a story of interest for pet owners and estate planning attorneys alike. In addition to painting the headlines with stories of tax evasion scandals, her name has now become synonymous with the extent in which some pet owners love their pets. In Leona Helmsley's case, that love was...
