How to Contest a Will in California

Key Takeaways Understanding Will Contests A will contest is the legal process of challenging the validity of the legal document stating how a person, known as the testator, wants their assets distributed after death. This process can be emotionally taxing since the person or people contesting the will are likely still grieving the loss of […]

“She didn’t fall off that balcony; she was pushed!” Probate Slayer Statute Lessons from Taylor Swift’s Anti-Hero

flowers on table

If Swift’s children, Preston and Chad, are able to successfully challenge the Will, leaving her estate to her cats, the distribution would return to either an older version of the estate plan, or the estate would be distributed by intestate succession. There was one element we did not really discuss and that’s the allegation that Kimber Swift, Preston’s wife, killed Taylor by pushing her off her balcony.

Who Will Inherit Your Digital Footprint?

digital_footprint_inheritance

The laws surrounding the question remain surprisingly unclear. Have you thought about who will inherit access to your digital footprint, from emails to bank and social media accounts and everything in between, after you pass away?  It’s worth considering, given the laws governing post-death digital assets access remain surprisingly limited and murky. Digital assets – […]

The Abuse of Anti-SLAPP Motions in Probate and Civil Matters

Anti-SLAPP Motions in Probate and Civil Matters

Key Takeaways Introduction Anti-SLAPP statutes, such as those in California, exist to protect individuals from facing lawsuits intended to suppress free speech. The most significant goal of these lawsuits is to protect the free speech of litigants by striking legal complaints that are likely invalid, raised in bad faith, and often the result of intimidation.  […]

Does A Prenuptial Agreement Override A Will

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Premarital agreements increasingly have become commonplace in modern marriages. A 2022 poll by Harris Insights & Analytics found that 15 percent of married respondents reported having a premarital agreement, up from 3 percent in 2010.