USA – CALIFORNIA Trends and Developments Contributed by: Jennifer J. McCall, Pillsbury Winthrop Shaw Pittman LLP
Numerous cases illustrate the need for clarity in estate plans Many historical California cases illustrate that even a wealthy and well-known individual may lack opti- mal clarity in their estate planning. Even when care has been taken, beneficiaries often disagree as to the details of how the estate plan is to be implemented. When the decedent has significant assets, small dif- ferences in technical administration points can vastly affect the amounts received by the different benefi- ciaries. Notable cases include Michael Jackson (2009), the estate of Anna Nicole Smith (2007), the estate of Jerry Garcia (1995), and the estate of Jacqueline Ken- nedy Onassis (1994).
Each of these decedents owned property in Califor- nia, and there were disputes among the beneficiaries regarding intellectual property, disposition as between the decedent’s heirs and those of the spouse, tax apportionment, the rights of heirs versus creditors, and the intended disposition of various aspects of the decedent’s property. All these cases indicate that detail and concise explanation of the decedent’s intentions prior to death can reduce litigation and disputes among the heirs and beneficiaries after the death of the client.
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