Estate of Britel (2015)

Estate of Amine Britel (2015) grapples with the term “openly held out” in subdivision (b)(2) of Probate Code section 6453 for the purpose of establishing a parental relationship (paternity) and ultimately the heir to a decedent’s estate.  An alleged father dies intestate (meaning he died without executing a will) and without being legally identified as the … [Read more…]

Howell v. Howell (2017)

In McCarty v. McCarty (1981) 453 U. S. 210, the Supreme Court of the United States held that states cannot characterize military retirement benefits as community property for purposes of a marital property division.  The Supreme Court noted legislative history that construed retirement benefits as a “personal entitlement,” i.e., the separate property of the servicemember. Further, … [Read more…]

Water Splash, Inc. v. Menon (2017)

In Water Splash, Inc. v. Menon (2017), the Supreme Court of the United States held in a unanimous 8-0 decision (J. Gorsuch took no part) that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (“Hague Service Convention”) permits service of process by mail. The Hague Service Convention, a Senate-ratified treaty … [Read more…]