The Importance of Living Trusts in Estate Planning: Lessons from Matthew Perry’s Estate

New details emerging about Matthew Perry’s estate have brought renewed attention to the critical role of living trusts in comprehensive estate planning. The beloved Friends actor passed away eight months ago, and a recent Newsweek article reported that one feature in his will has people “scratching their heads.” See https://www.newsweek.com/matthew-perry-will-estate-millions-death-1921170

Why did an actor who was reportedly worth around $120 million at the time of his death, have just a little more than $1.5 million in his personal bank account?

Why are trusts a common tool for estate planning in California?

  • Wills and estate plans often work together, where you fund the trust during your lifetime, and the will would be a catch-all that transfers any remaining assets to the trust upon your death.
  • A living trust, also known as an inter vivos trust, is a legal document created during a person’s lifetime where a designated trustee holds legal title to the property for another person. Unlike a will, which only goes into effect after death, a living trust is effective immediately and can manage the distribution of assets both during the grantor’s life and after their death.

What are some of the benefits of a living trust?

  • Avoiding Probate: Probate can be time-consuming and costly, often tying up assets for months or even years. By placing assets in a living trust, you can prepare for your beneficiaries to receive their inheritance without the delays and expenses associated with probate.
  • Maintaining Privacy: Unlike a will, which becomes a public document upon your death, a living trust remains private. For high-profile individuals like Matthew Perry, this privacy is crucial in protecting their estate from public scrutiny.
  • Incapacity Planning: You can designate a trustee to manage your affairs without the need for court-appointed guardianship if you become incapacitated, ensuring that your finances are handled according to your wishes without interruption.
  • Flexibility and Control: With a living trust, you maintain control over your assets and can make changes as needed. You can add or remove assets, change beneficiaries, or amend the terms of the trust as your circumstances change.
  • Efficient Estate Settlement: A living trust can expedite the distribution of assets to your beneficiaries, reducing the time your loved ones have to wait to receive their inheritance.

Contact an Experienced Estate Planning Attorney

The importance of estate planning cannot be overstated, and the settlement of the Matthew Perry estate is an example of how thoughtful planning and preparation can help ease the burden of your loved ones.  For Californians, working with an experienced estate planning attorney can help you create a living trust tailored to your unique needs and circumstances. At the Law Office of David Knecht, we have extensive experience in all aspects of estate planning and we focus on serving clients in Solano, Napa and Yolo. Contact us today at 707-451-4502.

Filed Under: California Estate Plan

5 More Tips for Success in Your California Divorce Deposition

Are you prepared for your divorce deposition? This article will help get you ready. It is part 2 of a two-part list.

This article will suggest general best practices for witnesses in a divorce deposition with ideas that were originally published here: https://natlawreview.com/article/help-how-do-i-prepare-divorce-deposition. See also https://www.americanbar.org/groups/government_public/publications/public-lawyer/2022-winter/effective-witness-preparation/

Never volunteer information.

  • It is the opposing counsel’s job to ask the questions and your job to answer them. Do not help the other side by volunteering information.

Do not guess when responding to a question.

  • Witnesses often feel pressured to know the answer to everything, but you can only answer to the things you actually know.
  • Make sure you understand the question itself and ask for more clarification if needed.
  • If you do not remember, then just say that you do not remember.
  • If you do not know the answer, then just say that you do not know.

Ask to see the document.

  • If the attorney is asking you about an email, text, or document (such as a report or a statement), ask to see the document. You are not expected to remember everything, and it will benefit you to have the document in front of you.
  • Even if the attorney has not referenced a document, you can preemptively strike by asking if there are any documents that they are aware of that relate to their question to refresh your recollection.
  • If the attorney insists that the document states a certain fact, you can ask him or her to point to you the section they are referencing. Many witnesses may feel pressured just to agree without holding the opposing counsel accountable to identify where in the document they are referencing.

Ignore the opposing counsel’s nonverbal manipulations.

  • Sometimes attorneys use ploys to try to get you to second guess your answer or to feel uncomfortable. This could be in the form of silence, a tilted head, raised eyebrows, a stare of disbelief or a look of shock. Ignore these cues and wait for the next question. Do not fill the silence with words.

Stick to your answer.

  • The opposing attorney may ask you the same question ten different ways to try to get you to change your answer. Watch out for the attorney saying, “I can’t remember if I asked you this, but…” They are either trying to get a different answer from you or trying to emphasize something they think is important to their case. If your original answer was accurate, stick to it.

Contact an Experienced Divorce Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of family law. We will be by your side in all phases of your divorce process, including preparing for your deposition. Contact us today at 707-451-4502.

Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning, General

5 Tips for Success in Your Deposition in a California Divorce Case

If you are anticipating a deposition in your divorce, you may be a little nervous about how to do your best in answering the questions. This article is part 1 of a two-part list.

This article will suggest strategies for success in your divorce deposition with ideas that were originally published here: https://natlawreview.com/article/help-how-do-i-prepare-divorce-deposition. See also https://www.americanbar.org/groups/government_public/publications/public-lawyer/2022-winter/effective-witness-preparation/

Prepare by reviewing documents prior to the deposition.

  • Prior to your deposition, you may want to review any documents that have already been filed to jog your memory about the details of events.

Plan to tell the truth.

  • Talk with your attorney before the deposition about how to handle bad facts. Some witnesses feel tempted to lie to cover up facts that are potentially harmful to the case, but your attorney likely has a plan already on how to handle those facts.
  • An article from Family Lawyer Magazine shared some helpful insight on what the author dubbed the “lying continuum”:
    • On the one hand, neither you nor your spouse is likely to go to jail for lying in a family law case.
    • On the other hand, lying in one area reduces your credibility in the case as a whole. The other side will be looking for evidence to show your lie, and you may get caught. Furthermore, the person that is lying often has a hard time keeping the story straight for the duration of the deposition or the case as a whole.
    • See https://familylawyermagazine.com/articles/preparing-for-deposition-what-client-needs-to-know/

Listen to the question.

  • Listen to the question that was asked and answer only that question. You do not have to volunteer information.
    • For example, if the attorney were to ask, “Do you have a watch?” and you answered, “Yes, it’s 10 am,” this would be an example of where you did not answer the question. The answer would be yes or no only.
  • You have many options on how to answer:
    • Yes, no, I don’t know, Can you explain the question, Can you explain this term? Etc.

Pause and think before answering.

  • Taking time to ponder your answer can be very useful during a deposition. It allows a second for your attorney to object to the question if that is appropriate. A common reaction to the stress of questioning is to try to answer quickly, but taking time to think through is usually a much better approach.

Don’t expect to win the other side over.

  • A common misconception with depositions is that this is your chance to win the other side over, so a witness may try to convince the opposing attorney of their position. This is typically a mistake. The opposing attorney’s job is to be a zealous advocate against you, so you can expect him or her to be incredulous of anything you say. Also, beware if the opposing counsel seems particularly nice, as they are not your friend and may want to trick you into talking more than you need to.

Contact an Experienced Divorce Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of family law. We will be by your side in all phases of your divorce process, including preparing for your deposition. Contact us today at 707-451-4502.

Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning

What is a Deposition in a California Divorce Case?

In a divorce case, both parties have the right to find out information through a process called discovery. Discovery can be in the form of written questions, requests for documents, or depositions. A deposition allows opposing counsel prior to trial to question a witness who is sworn to tell the truth. This article will explain basic information relating to deposition with information originally published here: https://natlawreview.com/article/help-how-do-i-prepare-divorce-deposition

How long is a deposition?

Who is present?

  • Your attorney and the opposing counsel will be present. Your spouse may also be there. Any other attorneys, such as a Guardian Ad Litem, will also be at the deposition, and a court reporter.

What is the purpose of the deposition?

  • The opposing counsel has several objectives 1) to discover what you will say at trial 2) to commit you to statements under oath to prevent you from changing your story, 3) to gauge your likeability and credibility.

When will my attorney object to questions at a deposition?

  • Your attorney may raise many objections during the course of the deposition, and here are some examples derived from this article: https://www.clio.com/blog/deposition-objections-cheat-sheet/
    • Form of the question, such as vague, compound question, unclear or confusing
    • Relevance of the question, with the purpose to weed out questions that are unnecessarily harmful or time wasting.
    • There are certain relationships, such as attorney-client, where the communications are protected.
    • Asked and answered. This is an objection that is used when the attorney is defending the client from badgering from an attorney who keeps asking the same question over and over.
    • Legal conclusion. If the question calls for a legal conclusion, as opposed to facts, then this objection applies.
    • Mischaracterization of testimony. In the deposition, the attorney may misrepresent an earlier answer in a subsequent question.
  • It is your attorney’s job to make the objections and to tell you whether to answer the question, but it can be helpful to be aware that objections may be made.

What if I need to delay a scheduled deposition?

 Contact an Experienced Divorce Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of family law. We will be by your side in all phases of your divorce process, including preparing for your deposition. Contact us today at 707-451-4502.

Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning

Estate Planning for Long Term Care

Did you know that Medicare does not cover nursing home care after one hundred days? This article will provide some basic information about why you need to plan for possible nursing home care and some strategies for doing so, with information published by the California Advocates for Nursing Home Reform, which can be found here: https://canhr.org/overview-of-medi-cal-for-long-term-care/

Medi-Cal is a source for long-term care.

  • A common misconception is that Medicare covers long-term care. In California, Medi-Cal is a need-based program designed to help people pay for medical care such a skilled nursing facility or nursing home.

Medi-Cal eligibility requirements have changed as of January 1, 2024.

  • One piece of good news for many California residents, is that Medi-Cal will no longer count assets to determine eligibility. California is the first state to make this change to Medicaid eligibility.

Medi-Cal is income only now.

  • Now eligibility is determined by income, which at present is $1732 per month max. See
  • If a Medi-Cal beneficiary’s available countable income exceeds their maintenance needs level, then an otherwise eligible Medi-Cal beneficiary has a share of the cost.

How does a trust benefit a person who may need Medi-Cal coverage?

  • An article published by the Lake County News provided a good summary and examples of how a trust may impact a person seeking Medi-Cal eligibility, and a few highlights are quoted below. For the full article, see https://lakeconews.com/news/78818-estate-planning-trusts-and-no-asset-limit-medi-cal
    • A trust, whether revocable or irrevocable, minimizes a person’s available countable income and share of cost. Income received by a trust (with income producing assets) does not count as income to the trust beneficiary for determining Medi-Cal share of cost.
    • Direct distributions by the trust to the beneficiary count as available income.
    • But, if the trust were instead to pay a portion of a person’s support and maintenance needs, called, “in kind support and maintenance,” but not 100% of any support/maintenance cost (e.g., rent), then such payments do not count for Medi-Cal share of cost.
    • If the trust were directly to pay for other expenses and purchases other than certain necessities of life (buying clothes) then such other trust purchases do not count as income for share of cost.

Contact an Experienced Estate Planning Attorney

Planning for and navigating the complexities of Medi-Cal can be a daunting process for some California residents, but planning for long term care can be a crucial step in safeguarding your future. At the Law Office of David Knecht, we have extensive experience in all aspects of estate planning and can help you prepare an estate plan that is right for you and your loved ones. Estate planning is like setting the coordinates for a journey, and it will help create a more confident and smoother ride through the later part of your life. Contact us today at 707-451-4502.

Filed Under: Estate Planning

How Do I Get My Coparent to Stop Alienating?

One of the most common concerns during or after a divorce is a coparent alienating a child against the other parent. Alienation is where one parent intentionally uses tactics to manipulate the child to fear or dislike the other parent. In California, parental alienation is not a crime, but it can be a factor in determining custody and visitation. This article will give examples of illustration, discuss legal strategies for documenting evidence to support a claim of alienation in litigation, and discuss non-legal practices for helping your children resist the harmful effects of alienation with ideas originally published here: https://www.consciouscoparentinginstitute.com/how-do-i-get-my-co-parent-to-stop-alienating/

What are examples alienation tactics?

  • Telling a child lies about the other parent.
  • Keeping important information about the child from the other parent.
  • Ignoring custody orders.
  • Undermining the other parent’s authority.
  • Preventing contact or communication between the child and the other parent.
  • Attempts to ruin the other parent’s visitation or custody time.

What legal strategies can be used to combat parental alienation?

  • Allegations of parental alienation are usually only effective if they are supported by evidence, so the first step of a legal strategy is documentation of the tactics.
  • Parenting time – keep detailed notes of parenting time to document when the other parent tries to manipulate your child against you.
  • Witnesses – any third party observer of the other parent’s manipulations can be helpful to bolster your case.
  • Documents and pictures – text messages, emails, pictures, social media posts, or any other written or photographic evidence can be helpful in proving your case.

What techniques can I use to help my children resist the harmful effect of alienation?

  • Mirror strength – how you react will be a model for your children. If you respond to their rejection with calmness and love, this will show them that your love is unconditional and help them see through the lies that the other parent is telling.
  • Take back your power – recognize that you cannot change another person, but you are in complete control of yourself. Rather than focusing on the negative narrative that the ex is spinning, create a positive story for your children by always taking the high road. Treat your ex and the children with respect, and over time, your children will grow to understand what is really going on.
  • Take proactive action – communicate consciously, plan ahead, use email and text so that you don’t end up in verbal altercations with the other parent. Contact a family law attorney, and take the recommended steps to fight the alienation to the extent that you can through the court system. Most importantly, put in the work to be there for your children in every way. Believe and live with the mantra that “Love always wins.”

Contact an Experienced California Family Law Attorney

If you have questions about parental alienation or any other aspect of California family law, contact us today. At the Law Office of David Knecht, we have extensive experience in all aspects of family law, and can help you with divorce, modification, prenuptial agreements, or any other family law issue. Contact us today at 707-451-4502.

Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning

Frozen Embryos and Divorce: New Legal Developments

Because of advances in technology, millions of people have become parents through in vitro fertilization (IVF). For various reasons both scientific and practical, most IVF cycles result in additional frozen embryos, which become the subject of dispute upon divorce. This area of the law is developing in many states, and this article will summarize a famous California case, the recent developments in federal law that may impact embryo cases, and the latest battle over embryos in Texas. Information about statistics from the following:  https://www.asrm.org/globalassets/_asrm/advocacy-and-policy/advocacy-activities/2024/asrm-antoun-v-antoun-amicus-brief.pdf

Vergara v. Loeb, California case

  • This case involved embryos created by the actress Sofia Vergara and her ex fiancée.
  • After the relationship ended, Vergara wanted to block him from using the embryo.
  • The court sided with Vergara, granting her a request for a permanent injunction preventing Loeb from using the embryos.
  • Takeaways: the written contract governing the use of the embryos was enforced by the court
  • Link to the case can be found here: https://scholar.google.com/scholar_case?case=10461940742055588929&q=+vergara+v.+loeb&hl=en&as_sdt=6,45

Supreme Court case, Dobbs, may impact embryo law in the future

  • In 2022, the United States Supreme Court changed the legal landscape for abortion.
  • Previously as per Roe v. Wade, abortion was a Constitutional right.
  • With Dobbs, the Supreme Court reviewed the common law and historical support for abortion, and finding it lacking, held that there is no Constitutional right to abortion.
  • This decision leaves the power in the hands of individual states to determine whether abortion is legal in each state under state law.
  • This case may have an impact on embryo law, as some may argue that there is no Constitutional right not to parent (which has been the reasoning behind some states awarding embryos to the party who does not want to be a parent).
  • The link to Dobbs can be found here: https://scholar.google.com/scholar_case?case=10996775398954026979&q=Dobbs&hl=en&as_sdt=6,45

New Developments in a Texas Embryo Case

  • ABC News recently reported that the Supreme Court in Texas has requested briefing on an embryo case. See https://abcnews.go.com/US/texas-divorce-case-impact-ivf-care-state/story?id=110224216
  • The briefing request does not mean that the Supreme Court will consider the case, but it is a step in getting review from the state’s highest court.
  • The wife in the case is arguing that the Supreme Court Dobbs decision changed the legal landscape and that her embryos are children.
  • The husband is arguing that the contract the couple executed controls the court’s decision over embryos, which should be defined as property.
  • The link to the case can be found here:

https://scholar.google.com/scholar_case?case=858795811714986055&q=antoun&hl=en&as_sdt=6,45

Contact an Experienced Family Law Attorney

If you have questions about embryos or any other aspect of family law, contact us today. At the Law Office of David Knecht, we have extensive experience in all aspects of family law, and can help you with divorce, modification, prenuptial agreements, or any other family law issue. Contact us today at 707-451-4502.

Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning, General

The Danger of Declining Estate Planning Rates

Do you have an estate plan? If not, you are not alone, and you may be responding to the latest trends affecting Americans and their estate planning practices. Statistics show that Americans are responding to financial trends including income inequality and rising inflation, and these factors are having an impact on estate planning nationwide.

This article will discuss the statistics and trends and potential impact these may have, with information derived from Caring.com’s 2024 Wills and Estate Planning Survey and an article about the danger of declining estate planning rates originally published by Forbes. See https://www.caring.com/caregivers/estate-planning/wills-survey/ and https://www.forbes.com/sites/matthewerskine/2024/03/20/the-danger-of-declining-estate-planning-rates/?sh=2db3b6924e33

What are the main estate planning trends?

  • As reported in a survey by Caring.com, for the first time since 2020, the number of Americans with a will has declined.
  • Only 32% of Americans have an estate plan in 2024.
  • security for loved ones.
  • For business owners, estate planning ensures business continuity.
  • For art lovers, a plan can preserve the value of art collections.
  • Estate planning can minimize taxes, preserve your legacy and facility philanthropic goals
  • Estate planning can involve more than financial assets.
    • It can control healthcare decisions
    • Designate what happens with your digital and social media assets
    • Provide guidance on how children are looked after in the event of an emergency

What can you do to address these estate planning concerns?

  • The obvious first step is to get your own affairs in order. At the Law Office of David Knecht, we have extensive experience in all aspects of estate planning, and we can help make this process easy. To get started or to freshen up a preexisting plan, contact us today at 707-451-4502.
  • Talk to friends and family. If you estate plan is prepared, talk to your loved ones about how they can get steps to be prepared for the future.
  • Get involved in your community and talk about estate planning with new friends and associates. You can look for opportunities to serve in local communities, on sites such as https://www.cityofvacaville.gov/i-want-to/volunteer

Estate Planning Does Not Have to Be Intimidating

Estate planning can be complicated and it does involve facing the inevitable occurrence of your passing on, but it does not have to be intimidating. All it takes to get started is one call to your estate planning attorney, and we will help you do the rest.

  • This is a 6% decline from last year.
  • 40% of people without a will attribute that to not having enough assets to leave to anyone.
  • The study found 16% notable decline among lower-income Americans.

What are other surprising niche trends?

  • Around 85% of successful business owners have outdated estate plans.
    • This can potentially lead to unintended consequences due to changes in tax law and personal circumstances.
  • Only about 10% of ultra-high net worth individuals with significant art collections have planned for their transfer.
    • This can potentially risk disputes among heirs or mismanagement of the collection.

Why is estate planning important?

  • Estate planning is crucial for distributing assets as to one’s wishes and providing financial security for loved ones.
  • For business owners, estate planning ensures business continuity.
  • For art lovers, a plan can preserve the value of art collections.
  • Estate planning can minimize taxes, preserve your legacy and facility philanthropic goals
  • Estate planning can involve more than financial assets.
    • It can control healthcare decisions
    • Designate what happens with your digital and social media assets
    • Provide guidance on how children are looked after in the event of an emergency

What can you do to address these estate planning concerns?

  • The obvious first step is to get your own affairs in order. At the Law Office of David Knecht, we have extensive experience in all aspects of estate planning, and we can help make this process easy. To get started or to freshen up a preexisting plan, contact us today at 707-451-4502.
  • Talk to friends and family. If you estate plan is prepared, talk to your loved ones about how they can get steps to be prepared for the future.
  • Get involved in your community and talk about estate planning with new friends and associates. You can look for opportunities to serve in local communities, on sites such as https://www.cityofvacaville.gov/i-want-to/volunteer

Estate Planning Does Not Have to Be Intimidating

Estate planning takes some time, and it does involve facing the inevitable occurrence of your passing on, but it does not have to be intimidating. All you need to get started is one call to your estate planning attorney, and we will help you do the rest.

Filed Under: Estate Planning, General, Living Trust , Living Will, Trust Administration Attorney , Vacaville Attorney, Vacaville Lawyer

Living Life to the Fullest After Divorce

The recent popularity of Amazon’s “The Idea of You” perhaps highlights the connection many viewers are feeling for the main character, Solene (played by Anne Hathaway), who finds love after a difficult divorce. According to this Vanity Fair article, the movie had over 50 million views in its first two weeks on Amazon, making it the number one rom com debut. https://variety.com/2024/film/news/the-idea-of-you-ratings-50-million-viewers-1236002566/

This article is for fans of the movie, who may also be facing or recovering from a divorce, and will highlight ideas inspired by the film on how to live your best life in your new situation.

If you are considering divorce, in the middle of the legal process, or if you need help post-divorce on issues such as modification, the importance of finding the right experienced family law attorney cannot be overstated. At the Law Office of David Knecht, we have extensive experience in all aspects of family law and can help you complete your own estate plan or assist you with properly administering the estate of a loved one who has passed. Contact us today at 707-451-4502.

Open Yourself Up to New Experiences

  • In “The Idea of You,” the movie starts with the main character trying something new, camping, and evolves into her opening her mind to dating a man almost twenty years younger than her.
  • One of the themes of the movie is allowing yourself to discover new things, break free of stereotypes, and find your passions.
  • For many people, the journey to self-discovery during and after a divorce will involve expanding your hope, your interests, and your perspective to be open to new experiences.

Coparent with Grace

  • In the movie, Solene was not appreciated as a wife by her ex, who cheated on her and choose the other woman. In spite of her ex’s shortcomings as a human, she was willing to sub in for him and take her daughter to the August Moon concert.
  • Solene’s good deed to sub in for her husband led to the romance that changed her life.
  • Similarly, many people are put in a position to have to choose the high road after divorce, where the ex is disappointing, unreliable, or even hostile. The takeaway lesson from the movie is that beauty can rise from ashes, and even though an ex may not deserve your kindness, a commitment to coparenting and to your child can lead to a happier life post-divorce.

Maintain Boundaries

  • Solene’s ex’s wife in the movie wants to befriend Solene, and she refuses to get too close.
  • Another best practice for living life to the fullest during or after a divorce is to hold firm on the boundaries that you feel comfortable with.
  • Being a good person and choosing the high road in coparenting does not mean an abdication of your boundaries. Rather, setting your limits kindly, firmly and clearly will help you succeed in challenging situations.

Considering the Best Interest of Your Children

  • In the movie, the fame and publicity of the romance between Solene and her young pop star boyfriend, Hayes, leads her to make the decision that she must break off the relationship for her teenage daughter.
  • For others in a similar situation, the right decision might be different. The takeaway lesson is not that you can’t find love after divorce, but just that in doing so, you want to carefully consider all the ramifications for your children and their specific needs.

Time Can Be Heal Wounds

  • In the movie, Solene and Hayes reconnect in five year when the circumstances are more conducive for their relationship to flourish.
  • There is actually research to support the concept that time heals all wounds. https://pubmed.ncbi.nlm.nih.gov/17554013/
  • Patience can be your ally in creating a full and rich life after divorce because circumstances can change and people can adapt.
  • If you feel frustrated with how things are in the present, there is hope that with time and effort, many problems can be addressed and many circumstances improved.

For More Ideas on Creating Your Best Life After Divorce

“The Idea of You” is a fun fictional foray about recovering and thriving after a divorce, and perhaps it has resonated with so many because of its message of finding happiness after hurt. We hope that fans of this rom com have enjoyed examining the lessons that can be learned from this dive into the themes of the flick. For legal help with a divorce, call the Law Office of David Knecht, (707) 451-4502.  For information on ideas for creating your best life after divorce, see this healthline article:  https://www.healthline.com/health/life-after-divorce.

Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning

What is an Executor for Estate Planning in California

With the recent passing of O.J. Simpson, the executor of his estate has been in the news. This article will explain some basics about what an executor is and what duties they perform, with examples from the O.J. Simpson estate. (Note: O.J.’s will was filed in Nevada, but for the basic principles relating to executors, this article does not differentiate between California and Nevada law.)

What is the definition of an executor?

  • An executor is a person named in a Will and appointed by the court to carry out the dead person’s wishes. The executor is also called the personal representative of the estate.

Who is the executor in the O.J. Simpson case?

  • J. Simpson’s final will was filed in Nevada, following his death after a battle with cancer.
  • Simpson’s longtime Las Vegas attorney Malcolm LaVergne was named as Simpson’s personal representative and executor of the will and testament, according to court records.
  • His property was placed in The Orenthal Simpson Revocable Living Trust.

One of the general duties of an executor is to handle creditor claims.

What debts are at issue with the O.J. Simpson case and how are they being managed?

  • LaVergne, the executor in the Simpson case, addressed the $33.5 million civil judgment awarded to the families of Simpson’s ex-wife, Nicole Brown Simpson and her friend Ronald Goldman by a California jury in 1997. He was sued by their families for wrongful death and found liable by a civil jury, which puts them in the position of creditors to Simpson’s estate.
  • LaVergne said that the families would be put in the “pecking order” of creditors behind the IRS.
  • In a phone interview, he said he would fight any payout from the estate to the Golman family.
  • As per the CNN article, he told reporters: “It’s my hope that the Goldmans get zero, nothing,” LaVergne told the outlet. “Them specifically. And I will do everything in my capacity as the executor or personal representative to try and ensure that they get nothing,” he said.
  • In a follow up interview he backtracked, saying that perhaps he had been too harsh against the Goldmans: “Now that I understand my role as the executor and the personal representative, it’s time to tone down the rhetoric and really get down to what my role is as a personal representative.”
    • See https://www.yahoo.com/news/o-j-simpson-cremated-estate-192531874.html

What other executor-related issues that have arisen in the O.J. Simpson case?

  • According to an NBC News article, republished at yahoo.com, O.J.’s executor has made statements about a few other estate matters.
  • LaVergne has been contacted by scientists requesting access to O.J.’s brain to study CTE, which is chronic traumatic encephalopathy, a degenerative brain disease that has been studied in former football players.
  • LaVergne is refusing these requests and O.J. will be cremated.
  • Simpson’s will asked for money to be retained to create a suitable monument at his gravesite, so this will be a responsibility for his executor.
  • His will also indicated that his wishes were that there should be no litigation or dispute, and any beneficiary or heir who did not follow that dictate would receive only $1.00 in lieu of any other interest to which they were due.

Contact an Experienced Estate Planning Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of family law and can help you complete your own estate plan or assist you with properly administering the estate of a loved one who has passed. Contact us today at 707-451-4502.

Filed Under: Estate Planning, General
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