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Community Property
Community Property Cartoons

Community Property

Estate of Borghi; Separate property or community property.
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In re Estate of Hall
In re Estate of Hall
Although will generally requires two attesting witnesses, document may be validated with clear and convincing evidence that decedent intended document to be his will. Notary public.
Publicity Rights
Publicity Rights
Shaw Family Archives v. CMG Worldwide; Legislation enacted after decedent's death cannot increase the property that makes up estate; right of publicity.
Posthumously Conceived Children are Issue
Posthumously Conceived Children are Issue
In re Martin B; If the governing instrument is silent, posthumous children conceived through in vitro fertilization with the consent of the parent are treated as part of their father's family for all purposes; en ventre sa mere.
Tortious Interference With An Expectancy
Tortious Interference With An Expectancy
Schilling v. Herrera; To bring action for tortious interference with expectancy, plaintiff must show the existence of an expectancy, intentional interference with expectancy through tortious conduct, causation, and damages; durable power attorney.
Preprinted Will Forms Show Testamentary Intent
Preprinted Will Forms Show Testamentary Intent
Estate of Gonzalez; Preprinted language in blank will forms may be used to establish the context of handwritten words.
Presumption In Favor of a Unitrust Election
Presumption In Favor of a Unitrust Election
Professional trustee; In re Matter of Heller; A unitrust election that benefits a trustee will be scrutinized with extra care by the court, but there is no prohibition against such an election;
Control from the Grave
Control from the Grave
Estate of Feinberg; control from the grave trust; deceased controlling using trust document. A testamentary disposition that does not discourage marriage or encourage divorce is not void as against public policy.
Fiduciary Liability
Fiduciary Liability
Trustee liability; administrator liability; executor liability; beneficiary lawsuit.
Designation of Beneficiary
Designation of Beneficiary
Araiza v. Younkin; changing beneficiary; living trust; totten trust.
Draft Will
Draft Will
Morse v. Sharkey; plain language; a court will give effect to the intent of the drafter of a will as indicated in the plain language of the will itself.
Extrinsic Evidence of Testator Intent
Extrinsic Evidence of Testator Intent
In re Estate of Cole; When construing contradictory provisions of a will, a court may consider direct evidence of a testator's intentions.
Testator Intent
Testator Intent
In re Estate of Rigsby; extra instruments offered for probate will be admitted only if it is readily apparent that the testator intended that the sheets together would constitute the last will and testament of the testator. Holographic will.

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