AB 2658, introduced by Assembly Member Ellis, would amend Probate Code sections 100 and 102 to expressly authorize a married person or registered domestic partner to establish a trust and fund it with that spouse’s one-half interest in community real property, community personal property, and quasi-community personal property, for the purpose of disposing of that interest at death. Critically, the bill would clarify that community property transferred to such a trust retains its character as com
AB 2658, introduced by Assembly Member Ellis, would amend Probate Code sections 100 and 102 to expressly authorize a married person or registered domestic partner to establish a trust and fund it with that spouse’s one-half interest in community real property, community personal property, and quasi-community personal property, for the purpose of disposing of that interest at death. Critically, the bill would clarify that community property transferred to such a trust retains its character as com
AB 2658, introduced by Assembly Member Ellis, would amend Probate Code sections 100 and 102 to expressly authorize a married person or registered domestic partner to establish a trust and fund it with that spouse’s one-half interest in community real property, community personal property, and quasi-community personal property, for the purpose of disposing of that interest at death. Critically, the bill would clarify that community property transferred to such a trust retains its character as com
In re Tung Trust: A standard 30-day survivorship clause alone does not show clear intent to override California’s antilapse statute, so a predeceased beneficiary’s children still inherit by substitution. Halperin v. Halperin: California does not recognize a standalone tort for intentional interference with expected inheritance when the Probate Code already provides an adequate remedy, so such disputes must be pursued through probate rather than civil court.
In re Tung Trust: A standard 30-day survivorship clause alone does not show clear intent to override California’s antilapse statute, so a predeceased beneficiary’s children still inherit by substitution. Halperin v. Halperin: California does not recognize a standalone tort for intentional interference with expected inheritance when the Probate Code already provides an adequate remedy, so such disputes must be pursued through probate rather than civil court.
A federal judge has suspended enforcement of FinCEN’s Real Estate Reporting Requirement, temporarily relieving practitioners of related filing obligations. In Halperin v. Halperin, California’s First District Court of Appeal confirmed that claims for intentional interference with an expected inheritance cannot proceed when adequate probate remedies are available.
A federal judge has suspended enforcement of FinCEN’s Real Estate Reporting Requirement, temporarily relieving practitioners of related filing obligations. In Halperin v. Halperin, California’s First District Court of Appeal confirmed that claims for intentional interference with an expected inheritance cannot proceed when adequate probate remedies are available.
