Photo of Danielle Diebert

Danielle is an associate in the firm’s Trusts and Estates group. Her practice focuses on all aspects of trust and estate litigation, including contested trust and probate administration, and contested conservatorships.

When Karl Lagerfeld passed away in February of 2019 in France, many speculated that his cat, Choupette, was well provided for as part of his estimated $150 million estate. This pampered feline was much loved by Mr. Lagerfeld during his life, and appeared in photoshoots and featured in many high-end fashion magazines. However, over a year after Mr. Lagerfeld’s death, certain media outlets have reported that the administrator of Mr. Lagerfeld’s estate has “disappeared.” Based on these reports, many question whether Choupette will ever be able to dig her claws into her alleged inheritance.

Continue Reading The Tale of Choupette the Cat and Other Common Issues in Trust and Estate Litigation

First, what is a contract to make a will?

A contract to make a will is exactly as it sounds.  It is an agreement to provide for a person as part of a decedent’s will.  The terms of the agreement could be as simple as a promise to provide services in exchange for a specific cash gift as part of a decedent’s will.  For example, Elizabeth may promise to provide caregiving and household services to William in exchange for William’s promise to provide her with $250,000 upon his death.  When William dies, hopefully his will has a provision leaving a specific cash gift of $250,000 to Elizabeth.  If not, then there has been a breach of the agreement.  The agreement can become substantially more complex, particularly when real property is the subject of the agreement.  Instead of agreeing to pay Elizabeth $250,000 in exchange for her services, William may promise to leave his house to Elizabeth.  Again, when William dies there may be a breach of the agreement if William’s will contains no provision instructing that his house be given to Elizabeth.


Continue Reading Dead Men Tell No Tales and Other Issues with Contracts to Make a Will

Under California law, the laws of intestacy control who inherits when a person dies without having prepared a valid will or trust. These rules can be complicated particularly as remote or even unknown blood relatives may have a claim to assets of the decedent’s estate. However, these long lost relatives often must prove up their entitlement to inherit from the decedent’s estate.

The California Probate Code has a procedure in place to determine who is entitled to inherit from the decedent as set forth under California Probate Code section 11700 et seq. Filing a petition under this section is particularly useful when there is uncertainty as to the actual heirs of the decedent’s estate.


Continue Reading And You Are? Long Lost Relatives Need to Prove Up Their Entitlement to Inherit