6 Reasons a Court May Be Asked to Remove a Trustee
Learn six reasons a court may be asked to remove a trustee, including self-dealing, missing records, co-trustee conflict, inaction, and family conflict.
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Clear answers on California law
Practical, plain-language guides on wills and trusts, estate planning, real property, and civil litigation for Bay Area families and property owners.
7 Reasons a Will Dispute Can Become More Complicated Than Expected
Learn seven reasons a will dispute can become more complex, including capacity, influence, competing documents, property ownership, deadlines, and evidence.
Read articleWhat Celebrity Trust Battles Reveal About Money, Power, and Family Conflict
See what celebrity trust disputes can teach families about trustee control, probate, co-trustee conflict, legacy decisions, beneficiary records, and trust accounting.
Read article3 Warning Signs a Loved One’s Estate May Need Legal Review
Estate disputes can feel confusing because the problem is not always obvious right away. Families dealing with estate litigation in San Francisco may notice small signs first, like tension, mixed messages, or decisions that do not feel right.
Read articleWhy Last-Minute Trust Changes Lead to Litigation
A last-minute trust change can turn grief into doubt fast. When a sudden update changes who gets what or who holds control, families may need trust litigation in Larkspur, CA, to help sort the facts from the fear.
Read articleThe Best Ways To Protect Your Family From Estate Disputes
Family fights over estates rarely start with bad intentions. They usually come from confusion, silence, or decisions that were never explained. Estate planning in Cupertino, CA, gives you a way to get ahead of those problems before they grow.
Read article3 Signs You Need a California Probate Litigation Attorney
Losing a loved one can uncover problems inside an estate that no one expected. Questions often surface once documents are reviewed and assets begin to move through probate. A California probate litigation attorney can help families understand what is happening.
Read articleThe Thomas Kinkade Will and Trust Dispute Explained
A late handwritten will, a long-separated spouse, and a girlfriend with power of attorney set the stage for one of the most unusual estate battles in recent memory. The Thomas Kinkade case raised fundamental questions about intent, legality, and reality.
Read articleJimmy Buffett’s Trust Dispute and Co-Trustee Misalignment
Jimmy Buffett’s estate was supposed to run smoothly. Instead, it turned into a public fight over money, control, and who was really in charge. Even well-documented plans can fall apart when people with different agendas have equal power.
Read articleBrooke Hogan’s Exclusion from Hulk Hogan’s Will
Hulk Hogan’s decision to leave his daughter Brooke out of his $5 million will caught the public’s attention and stirred up plenty of questions. Estate planning in Santa Clara, CA, may not make national news, but the same lessons apply to any family facing tough choices about money, legacy, and fairness.
Read articleMark Malachowski Wins Major Probate Litigation Victory
Trust litigation in San Francisco often brings out the toughest battles families face after a loved one passes. Questions about missing funds, poor accounting, and trustee misconduct can quickly create conflict, leaving beneficiaries powerless. These moments call for strong legal action that restores both justice and accountability.
Read articleHow Mark Malachowski Won a $650,000 Trust Case
The Noboru and Ayako Murakami Revocable Trust case highlights the complexities of trust litigation in San Francisco. The consequences can be significant when beneficiaries encounter mismanagement, missing funds, and a lack of transparency. In this case, attorney Mark T. Malachowski provided the legal expertise needed to bring
Read articleThe Dangers of a ‘Set It and Forget It’ Estate Plan
Estate planning in Cupertino, CA, is more than just creating a will or trust. It is about ensuring your wishes are carried out and your loved ones are protected. The Law Offices of Malachowski & Associates believes an estate plan should evolve with you and not sit untouched
Read articleHow to Safeguard Seniors from Financial Exploitation
Elder Abuse Awareness Day shines a much-needed spotlight on the alarming issue of elder financial abuse. Seniors deserve protection, and estate planning in Cupertino, CA, offers a powerful way to safeguard their assets and independence. The team at The Law Offices of Malachowski & Associates understands how crucial it is to
Read articleWhat Prince’s Estate Teaches Us About Intestate Succession
Prince's estate battle was a legal rollercoaster that exposed the chaos of dying without a plan. With millions in assets and no clear direction, his family faced a storm of disputes, delays, and mounting fees. Cases like this aren’t just
Read articleThe Hidden Risks of DIY Wills for High-Profile Individuals
Creating a will on your own might seem like a good idea, but high-profile estates have unique complications that demand expert care. DIY wills often miss critical details like dividing intellectual property or handling multinational assets, which can spark disputes and harm your legacy. Complexities like succession plans, privacy concerns, and tax
Read articleWhen a Will Doesn’t Match the Deceased’s Intent
When a will doesn’t align with the true intent of the deceased, it can lead to emotionally charged disputes and intricate legal challenges. These situations often involve concerns like undue influence, mental incapacity, or sudden, unexplained changes to the estate plan. Resolving such conflicts requires the skilled guidance of The Law Offices
Read articleHow Pour-Over Wills Complement Trusts
Estate planning in Santa Clara, CA, involves careful consideration of various legal tools to ensure your assets are passed on to your intended beneficiaries seamlessly and efficiently. Among these tools, pour-over wills and trusts are key components that work hand-in-hand to create a thorough and secure estate plan. A pour-over will acts
Read articleInside Famous Billion-Dollar Will Disputes
As the saying goes, "With great wealth comes great responsibility." But when that wealth is in the hands of celebrities and their legacies, it often leads to dramatic court battles and family feuds. At The Law Offices of Malachowski & Associates, we specialize in celebrity estate litigation in Palo Alto, CA.
Read articleWhat To Do If You Suspect Elder Financial Abuse
As people age and become more vulnerable, they unfortunately become targets for elder abuse. This type of mistreatment is far more common than most people realize, with an estimated 10 percent of older adults experiencing some form of abuse. One of the most prevalent forms of elder abuse is financial exploitation, where
Read articleFrom Brooke Astor to Katherine Jackson: Why Trusts Matter
Financial trusts are critical tools in safeguarding assets, ensuring smooth inheritance processes, and protecting loved ones from potential disputes or misuse. The high-profile cases of Brooke Astor and Katherine Jackson illustrate how improper trust management or lack of appropriate safeguards can lead to familial conflict, financial mismanagement, and elder abuse.
Read articleHow Fame Complicates Will Challenges
The intersection of celebrity status and estate management often leads to complex legal challenges. Fame can amplify disputes, with contentious will contests becoming common in the entertainment world. High-profile individuals frequently face heightened scrutiny in their estate planning, which can result in more frequent litigation.
Read articleLawTalk March 23, 2023
Elvis Trust Dispute, A dispute over a 2016 Amendment to lisa Marie Presley's Living Trust resulted in a petition being filed in Los Angeles County Superior Court that pitted Lisa Marie's two oldest children against Priscilla Presley and a former business manager.
Read articleNicholas Brandt et al v Verizon Communications
Navigate the complexities of the Nicholas Brandt v Verizon case with our seasoned litigators in San Jose, CA. Contact us now for help!
Read articleGilbert Loaec 2014 Trust
Delve into the intricacies of the Gilbert Loaec Trust case resolved through expert mediation. Contact us for help with trust litigation in San Francisco!
Read articleAngelina Jolie, Farrah Fawcett, Tom Petty
Dying Angie Jolie leaves $116 M to Son Maddox, Ailing Angelina Jolie is reportedly down to 92 pounds and is leaving her film empire, called Jolie Pas, worth $116 million to her son Maddox and cutting her five other children out of the will.
Read articleHuguette Clark, Frank Sinatra, Robin Williams estates
Huguette Estate, Huguette Clark was a mysterious and reclusive New York multi-millionairess who passed away near her 105th birthday. Clark was the daughter of William Andrews Clark, who was believed to be one of the richest Americans of his time.
Read articleAdvantages of Trusts
Trusts are used for many purposes, including dividing ownership of property. Trustees are the legal owner and may control the property, and the beneficiary holds the right to enjoy the property.
Read articleSixty Percent of Americans Have No Will
Many lack a will, risking their legacy's fate. Let us guide your estate planning in Cupertino, CA. Don’t wait. Start planning today!
Read articleTrust and Will Terms Defined
Demystify estate jargon with expertly defined trust and will terms. Leverage the knowledge of our litigation attorneys in San Francisco!
Read articleWhen Heirs Hope You Don’t Live Long or Prosper
The former Star Trek beauty, Nichelle Nichols is in the throws of a complicated conservatorship. Lieutenant Uhura's son Klingy Kyle claims Mom is mentally unfit, but the Star Trek starlet’s agent says Nichols made him promise that she would never have to ever go to a nursing home.
Read articleJay-Z’s Billon Dollar Empire may have New Heir
Rapper and billionaire Jay-Z may be facing a paternity lawsuit from alleged love child Rymir Satterthwaite. As part of the litigation process, Jay-Z may be forced to submit to DNA testing.
Read articleDecanting a Trust
Optimize asset management with trust decanting for improved terms and protection. Our team is here to help you with trust litigation in San Francisco!
Read article1031 Exchange Update
Maximize real estate investment returns with strategic 1031 exchanges. Click here for assistance with real property litigation in Larkspur, CA!
Read articleIntestate Succession
When a person dies without a will, intestate, their estate will be distributed according to the controlling state's laws of intestacy.
Read articleSocial Security Benefits
You can retire between 62 and your full retirement age (FRA). Your FRA depends on the year you were born, and varies from 62 to 67. Doug Lemons, a Social Security expert, calculated that taking benefits early and investing them is not desirable unless one receives an ROI of 5% for benefits taken at 62
Read articleSee Through Trusts
The advantages of using a trust as a designated beneficiary of an IRA (or creating a See Through Trust) are that they allow spendthrift, divorce, asset and bankruptcy protection. The trust or sub-trusts must be listed on the IRA beneficiary designation form. The trust must be valid in California, and the beneficiaries must be individuals
Read article1031 Exchanges and RP Partnerships, Swaps and Drops
The IRS allows Partnerships or LLCs to defer the recognition of gain in the exchange of property of like kind. However, where two partners of the LLC wish to separate in an exchange, a "drop and swap" where the leaving partners are dropped, before the rest of the partners of the LLC perform the swap
Read articleThe Nutty Estate
Jerry Lewis' Sons Left Out in Cold - The Nutty Professor did not leave a dime to his six sons and instead left his $75 million fortune to his second wife SanDee and their adopted daughter Danielle.
Read articlePrince’s Vault Robbed?
The rights to Prince's unreleased music sold for $30 million to Universal Music, but critics claim the collection is worth much more. Prince’s “vault,” a trove of the late pop star’s unreleased music, was sold at auction, but there was not much of a bidding war. The stormy battle over Prince's Estate rages on.
Read articleDST in a 1031 Exchange: Shielding Property Sales from Tax
Delaware Statutory Trusts allow investors to shield investment property sales from capital gains tax. The participant must invest in a property that costs at least as much as the proceeds from the sale of the first property within 180 days of the sale of the first property. DSTs allow multiple investors to band together own investment real
Read articleAdvantages of Trusts over Wills
Trusts are used for many purposes, including dividing ownership of property. Trustees are the legal owner and may control the property. The beneficiary holds the right to enjoy the property.
Read articleNexus Rules
Under economic nexus rules, companies are considered to be doing business in California if they meet any of the following conditions:
Read article1031 Exchanges and Capital Gains
1031 Exchanges and Capital Gains. If you sell real property you can avoid a 25% capital gain tax by doing a 1031 Exchange. You will have a maximum of 45 days after escrow closes to “identify” potential replacement properties.
Read articleBPI v ABC for $5.7 Billion for Fake News
Beef Products Inc. (BPI) a South Dakota meat processor’s sued ABC in a $5.7 billion defamation lawsuit. The trial pits big agriculture against big media. Beef Products Inc. (BPI) claims ABC, a unit of Walt Disney, defamed the company by calling its ground-beef product “pink slime.” ABC failed to get the case removed to federal court
Read articleLakers Owners Family Feud Fizzling?
It appears that Jeanie Buss and her brothers, Jim and Johny, agreed that Jeanie should serve as the Los Angeles Lakers’ controlling owner and on its board of directors for as long as the Buss’ own the NBA franchise. “The message is clear here: Do not underestimate Jeanie Buss,” said her attorney, Adam Streisand, “There
Read articleCapital Gains on Property Sales
By using by a 1031 Exchange when you sell real property you can avoid a 25% capital gain tax by doing a 1031 Exchange. You will have a maximum of 45 days after escrow closes to “identify” potential replacement properties. You can identify a total of three or, alternatively, as many as you want, but
Read articleJulia Zharova Ballet, Sumner Redstone, Prince Estate
Julia Zharova dances ballet and talks about the Friday, March 3, 2017, Russian Celebration Reception, at 7 PM, at the SF Symphony, located at 201 Van Ness Ave, San Francisco.
Read articleMenendez Brothers Broke
The Menendez brothers have said they are broke. Valued at $14.5 million when the case broke, the Menendez family estate has almost entirely been depleted by taxes and legal fees. All that remains of an estate that consisted of prime Beverly Hills real estate and millions of dollars in entertainment industry stocks is one house
Read articleMichael Jackson Estate Battle
In a battle with the IRS, Jackson’s estate has claimed that the pop icon Michael Jackson was worth almost nothing when he died. The estate claims that accusations of child molestation and rumors of heavy drug use had caused many of his sponsors to drop Jackson. His estate claims he was only worth $2104 when
Read articleDuke v Chesapeake Energy
Duke v Chesapeake Energy Corp. Probate fight over $19 million oil magnate Aubrey McClendon pledged donations to Duke University proves you cannot take it with you.
Read articlePrince Estate Still in Dispute
The Prince estate dispute rages on, like “Let’s Go Crazy.” Prince’s estate, which is worth $300 million dollars is in for a long battle over the genuine heirs and beneficiaries. Prince died without a valid will and following his death dozens of people came forward claiming to be his son, daughter, or other relative, and
Read articleSumner Redstone Sues Ex-Girlfriends for $150,000,000
Billionaire Sumner Redstone is suing his two ex-girlfriends for $150,000,000 for elder abuse, saying they isolated him from his family and took his money. The 93-year-old CBS mogul says the two women, Manuela Herzer and Sydney Holland, received $150 million in gifts from him, leaving him owing taxes. Redstone’s attorney believes “They manipulated and emotionally
Read articleGold Digger? Woman Shovels for DNA and Inheritance
New York woman, Nina Sebastiana Viola Montepagani, dug up her father’s remains to get DNA to show he was not her real father. Nina wants to prove she is the daughter of a wealthy Italian physician, whom she says had an affair with her mother. If she can prove that Dr. Sebastiano Raeli was her
Read articleDogfight Over $12 Million Bequest
Real Estate mogul, Leona Helmsley, passed away in 2007. Helmsley left $12 million of her estate to her Maltese dog, Trouble. The will provided that after Trouble's death, the remainder would go to the charitable foundations that had inherited most of the balance of the estate.
Read articlePrince, Michael Jackson, Menendez Brothers
Prince Dies With No Will - Pop star Prince died recently, leaving behind an estimated $300 million estate. His financial advisers say they are looking for a will.
Read articlePrince Dies With No Will
Pop star Prince died recently, leaving behind an estimated $300 million estate. His financial advisers say they are looking for a will. Prince's sister, Tyka Nelson, says there was no will. If you die without a valid will (“intestate”) then state law applies. If a family member contests the will, or if siblings can not
Read articleDogfight, See Through Trusts
Dogfight Over $12 Million Bequest. Real Estate mogul, Leona Helmsley, passed away in 2007. Helmsley left $12 million of her estate to her Maltese dog, Trouble.
Read articleOral Promises and Wills
Pursuant to California Probate Code Section 21700 - Contract to Make a Will - a person is allowed to establish an agreement between the decedent and the child, friend, or caretaker concerning the decedent leaving them assets. However, there are some hurdles. The California Supreme Court has noted that upon a person's death, "the temptation
Read articleAnna Nicole Smith Estate Dispute Rages On
The dispute between Anna Nicole Smith’s estate and the estate of her late step-son for the $1.6 billion left by J. Howard Marshall, with whom Anna had a May December romance, continues. After nine-teen years of litigation, a court ruling has ended the federal court proceedings in California. However, Anna Nicole Smith’s estate still has
Read articleSpecial Needs Trusts for Beneficiaries with Disabilities
Special needs trusts (SNT) are administered for the benefit of persons with disabilities or other impairments. If drafted properly, a SNT does not jeopardize a beneficiary's eligibility for means-tested government benefits including Supplemental Security Income and Medicaid (Medi-Cal in California).
Read articleDST in 1031 Exchange
DST in 1031 Exchange - Delaware Statutory Trusts allow investors to shield investment property sales from capital gains tax. The participant must invest in a property that costs at least as much as the proceeds from the sale of the first property within 180 days of the sale of the first property. DSTs allow multiple
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