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Jun 4, 2024 · Trust Established During Marriage. If a trust is created during the marriage and funded with community property assets, those assets are generally subject to division upon divorce. The court will assess the nature of the contributions and determine how to divide the trust assets equitably.
- California Undue Influence Law Before Lintz
- Lintz Court Presumes Undue Influence Based on Family Code Section 721
- Other Authorities Contradict Lintz, Leaving The Law Unsettled
- The Sun Will Come Out, Tomorrow
As discussed in a prior post, the California Legislature recently enacted a definition of “undue influence” that centers on the concept of “excessive persuasion.” (See California Welfare and Institutions Code section 15610.70, effective January 1, 2014.) Our law presumes that people make voluntary choices when drafting wills and trusts and when nam...
In January 2014, just two weeks after the new statutory definition of “undue influence” took effect, the California Court of Appeal issued its decision in Lintz v. Lintz. Lois Lintz was the third wife of Robert Lintz, a wealthy real estate developer. They were married for six months in 1999, then remarried in 2005. Robert had three children and two...
The Lintz court, however, was not writing on a clean slate. As the California Supreme Court observed over 120 years ago in Estate of Langford (1895) 108 Cal. 608, 623, “the mere fact that the will of the husband is changed to gratify the wishes of the wife does not raise a presumption of undue influence on her part.” In subsequent cases, California...
Lintz will retain precedential value until the Supreme Court or our Legislature says otherwise. For now, it provides an arrow in the quiver for step-children who are unhappy that their late father or mother changed an estate plan to benefit a step parent. Estate planning attorneys should consider the possible impact of Lintzwhen they advise clients...
Jan 21, 2024 · No, it does not override a trust outright, but there are nuances to consider. This article walks you through the dynamics of how marriage interacts with trusts in California, preparing you to protect your estate plan when marriage enters the equation.
Apr 11, 2024 · Under California probate law, a marriage automatically revokes (invalidates) any pre-existing will or trust regarding the new spouse’s inheritance rights, unless the documents provide for a new spouse or clearly indicate that the new spouse will receive nothing.
Jun 30, 2017 · Under California law, a marriage automatically invalidates any pre-existing will or trust as to the new spouse's inheritance rights, unless the documents provide for a new spouse, or clearly indicate a new spouse will receive nothing.
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May 9, 2024 · Discover the legal implications of marriage on a trust in California. Learn how this union can potentially affect your assets and estate planning. Stay informed and make informed decisions with our comprehensive guide.
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Trust beneficiary abuse in California can take multiple forms, including financial exploitation, undue influence, trustee neglect, and mismanagement, necessitating proactive action to protect beneficiaries’ rights.
