Trusts and Estates

Ca. Trs. & Estates Quarterly Volume 13, Issue 1, Spring 2007

NEW PROBATE CODE SECTION 6132—AN IMPROVEMENT OR JUST A STIMULUS FOR LITIGATION

By Bart Schenone, Esq.*

In the lawyer’s office, the lawyer and his client, Avid Collector, discuss Avid Collector’s estate plan.

Avid Collector: "I want to leave my estate to my only child, Rubella, but I can’t leave her my baseball cards or my complete set of Rachel Ray Official Cooking Utensils. Rubella hates baseball and values my cookware only for its recycling potential. I’ve agonized over this, but still don’t know who should get these things. Can’t I just write a letter later when I figure it out?"

I. CASE LAW AND ADVICE BEFORE JANUARY 1, 2007

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