On September 21st, Governor Newsom signed AB 2016 which drastically changes Section 13100 (and accompanying sections) of the California Probate Code. Specifically, California changed its law to allow a decedent’s primary residence to be distributed without going through the longer, more arduous probate process – if that property is valued under $750,000.  This is huge...Read More

The answer is Yes, absolutely. Our firm represents Administrators and Executors who live outside of California all the time. Our Estate Administrators (also called Executors) live all over the country in fact – Pennsylvania, Florida, Oregon, New Jersey, New York, Indiana, and so forth. Many of them also don’t have the time to travel to...Read More

Chadwick Boseman was a star beloved by many, and his tragic death at the age of 43 has been mourned around the world. Sadly, he battled colon cancer for nearly four years before eventually succumbing to it. During this time, Boseman performed in the role that would catapult his celebrity status to ultra famous –...Read More

One question we frequently get from prospective clients is “Can I be the Administrator in a California Probate even if I live out of state?” The answer is Yes, you can. And it’s actually not as difficult as one might think. Our firm frequently represents out of state Administrators in California Probate Matters. In this...Read More

-by Mark Miyasaki, Esq. In civil litigation, it should come as no surprise that the most common types of cases involve personal injury matters. Car accidents, slip and falls, dog bites, defamation, a wrongful death. The list goes on.   What happens less often but may nevertheless find its way into a personal injury matter...Read More

Tiger King!  Netflix’s hottest new show right now that everybody is streaming!  On March 20, 2020, Netflix put out a new show that discusses large cat zoos in America.  In episode 3, they discuss Carole Baskin, who runs Big Cat Rescue in Florida, in depth.     The whole storyline in episode 3 is that Carole...Read More

Allegations of “gross mismanagement” by Ms. Franklin’s niece and her attorney were heard in the Michigan Courts this week. Allegations include excessive legal and Administrator fees, improper management of high value assets, failure to properly account for estate funds, and lack of communication with the heirs and beneficiaries. Because this is Aretha Franklin’s estate, “excessive...Read More

Aretha Franklin was no doubt one of the greatest singers of our time. With her vast estate back in probate court last week, I wanted to take the chance to talk about some of the issues that have arisen thus far. I’ll address each in turn in terms of how they work in California probate...Read More

Vanity Fair recently published a new article, “It is Not a Coincidence: With 75 million on the line, the Redstone Family declares Sumner incompetent.” If you’re unfamiliar, Sumner Redstone is the Hollywood Mogul billionaire at the helm of a media empire that includes CBS and Viacom. For the past several years, Sumner has been at...Read More

As you likely already know, the great Aretha Franklin, known as the Queen of Soul, passed away on August 16th, 2018 at her home in Detroit, Michigan. Her greatest hits – “Respect”, “A Natural Woman”, “Chain of Fools”, defined her as a modern woman and brought the fervor of gospel music to secular songs. With...Read More

The New York Times just published a question and answer in its “Social Q’s” section regarding the legal validity of an unsigned Will. Another recent article referenced a Will written in a draft text message. Naturally the text also remained unsigned. The text message was approved as a valid will by an Australian court. In...Read More

Chapter Two continues the unhappy saga of the troubles of Tom Clancy’s estate. The main players in this drama are the two wives of Tom Clancy; his first wife, Wanda King, who was married to him for 30 years, and his second wife and widow, Alexandra Clancy, married to him for 14 years. The drama...Read More

What is a no-contest clause and why is it added to a will or trust? In Latin it is known as an “in terrorem” clause, which means that the clause is inserted as a threat or warning to those beneficiaries of a will or trust who would seek to challenge the estate plan after death....Read More

After nearly a year in litigation, former Brooklyn DA Ken Thompson’s wife filed papers relinquishing all money and personal property left to her in her husband’s estate. Just who is Ken Thompson, and what went wrong after his death last October? Attorney Ken Thompson was Brooklyn’s first African American District Attorney. Last October he passed...Read More

When a person dies who does not have a will the probate court must manage his or her estate. Without making a will the person is said to have died “intestate”.  Simply put, the court, according to the laws of each particular state, decides who shall receive outright your personal belongings and money. But there...Read More

Reports indicate that the Administrator of Bobbi Kristina Brown’s massive estate abruptly quit amidst the heated family drama since Brown’s death. Bobbi Kristina Brown, daughter of Whitney Houston and Bobby Brown, died after being in a coma for several months after a presumed drug overdose nearly two years ago. Her estate, and the ensuing legal...Read More

When Prince died without leaving a will his estate became subject to the requirements of the probate court.  One of the first things the probate court asks for is an inventory of one’s assets. The value of an estate has to be established, and this is done by having a professional appraiser (called a probate referee)...Read More

Elder abuse is a far more common occurrence than most people think. According to the National Council on Aging, 1 in 10 Americans aged 60+ have experienced elder abuse. Elder abuse can include physical abuse, emotional abuse, financial exploitation, neglect, and deprivation. Elder financial abuse, which can involve the misuse, misappropriation, or withholding of the older...Read More

A good friend recently brought to my attention the story of the “Tractor Will.” In 1948, a man in Saskatchewan carved out his will in the fender of a tractor using a pocket knife. According to witnesses, Cecil George Harris was trapped underneath his tractor for over 10 hours during a winter storm. His short...Read More

What is the role of a Professional Fiduciary in the context of California probate law? And just what is a Professional Fiduciary?  Let’s first define Professional Fiduciary, as it’s not a profession that is particularly well known. A professional fiduciary has two primary roles within probate law. The first is as someone whose job is to...Read More

As many Star Trek fans may already know, 27 year old actor Anton Yelchin, known as “ Chekov” to fans, died in a freak car accident on June 19th when he was crushed by his Jeep Cherokee in the driveway of his Studio City home. Last Friday, Court records revealed he had no will or...Read More

Obergefell v. Hodges was no doubt one of the U.S.’s most important pieces of legislation if we truly are to be a country where all are created equal. As an attorney who is frequently sifting through the complexities of trusts, wills, and California intestacy laws, I wanted to know how Obergefell v. Hodges would change...Read More

Modernizing California Probate Code to Reflect Marriage Equality While attorneys are familiar with the terms “probate code” and “civil code,” most people are not. The probate code in California governs everything related to probate, including trusts and estates and elder law.  As you can imagine, much of probate law makes reference to married couples. As...Read More

What do you do if you inherit a home in the SF Bay area that is not titled in the name of a trust? By now, you are most likely aware that in order to transfer the title of the home’s deed, the property will have to go through probate. With real estate values at...Read More

The state of Illinois recently resolved the estate of Mary Petroff, a nonagenarian (new word! – “90’s”) who died in 2011. It took nearly 4 years for the state to find and confirm the 48 relatives who laid claim to her and her late sister Anne’s $1.36 million estate. The story of Mary and Anne’s...Read More

While almost everyone has heard of Duke University, many are not familiar with the family who gave the prestigious school its name – in particular, the infamous heiress Doris Duke. For those of you who have not heard the name, or may need a reminder, Doris Duke was the daughter of tobacco industry titan James...Read More