• Mandamus/Prohibition,  Media and the Law,  Probate

    “Octa-Mom” wins one in court

    “Octa-mom” Nadya Suleman became an object of derision when, after fertility-treatment-induced birth to octuplets, people learned she was a cash-strapped single mother who already had six children at home. But it’s her adversary that comes into ridicule in Friday’s decision in Suleman v. Superior Court , case no. G042509 (4th Dist. Jan. 8, 2010). Paul Peterson filed a petition to appoint a guardian to handle financial affairs for the octuplets. (Peterson asserted that his non-profit organization wanted to ensure that financial compensation received from photos or video of the octuplets was preserved for their majority, which explains why no guardianship was sought for the remaining children.) Suleman moved to dismiss,…

  • Oddities,  Probate

    This Took Me By Surprise

    When an appeal from a probate order starts by telling you that the intestate’s daughter, girlfriend of 12 years, and estranged wife all claimed portions of the estate, I’m betting most people will suspect that the opinion will be about a dispute between the girlfriend and the wife.  If the case is Estate of Bonanno, case no. B200340 (2d Dist. July 22, 2008), though, you’d be wrong. Turns out the dispute here is between the wife and daughter, and its not even about property per se.  It’s about an order obtained by the wife to have her share of the estate (determined in a settlement among the three) pass to…

  • Probate

    Beyond E-Filing

    Wagner v. Wagner, case no. B197703 (2d Dist. Apr. 23, 2008) is more than just the latest installment of a familiar sad story: siblings fighting over Mom’s estate. It introduces the secret mental claim. Claire moved in with and took care of her Alzheimer’s-stricken mother for the four years preceding her death. Claire was the successor trustee to her mother’s living trust, so she became the trustee upon her mother’s death. Brother Kent grew impatient and dissatisfied with his sister’s administration of the trust, and convinced her to hire a lawyer. At a meeting of Kent, Claire, and the attorney, Claire told Kent that she intended to file a claim…