Caregivers cannot accept gifts from elders without being at risk for committing financial elder abuse.  If an older adult chooses to gift an estate or substantial sum of money to their caregiver, California Probate Code requires that the drafter (usually the lawyer) obtain a Certificate of Independent Review from an independent attorney. This means the lawyer...Read More

Elder abuse is a far more common occurrence than most people think. According to the National Council on Aging, 1 in 10 Americans aged 60+ have experienced elder abuse. Elder abuse can include physical abuse, emotional abuse, financial exploitation, neglect, and deprivation. Elder financial abuse, which can involve the misuse, misappropriation, or withholding of the older...Read More

The timeline for completing the trust administration process varies widely depending upon the circumstances of the case. Administering a trust of a married couple when one spouse passes away, for example, can be completed in a few short months. Settlement of a large trust with multiple beneficiaries can be more complex and thus take longer...Read More

A good friend recently brought to my attention the story of the “Tractor Will.” In 1948, a man in Saskatchewan carved out his will in the fender of a tractor using a pocket knife. According to witnesses, Cecil George Harris was trapped underneath his tractor for over 10 hours during a winter storm. His short...Read More

While we always consider what will happen to our children when we are no longer there to care for them, our pets are potentially left just as vulnerable when we die.  Currently, under California law your dog or cat is viewed no differently than your car or your sofa.  Pets have no rights and no...Read More

Once you’ve executed a Power of Attorney, can you change it? The answer is YES. If you change your mind about the person you chose to make decisions for you under a durable power of attorney, you can change it. In order to make changes to your Power of Attorney, however, you must have Legal...Read More

What function can life insurance serve as part of your estate plan?   Prior to the big changes in estate tax laws, life insurance was commonly put into place to pay estate taxes. No longer necessary, as estates can exempt $5.45 million for each individual from what used to be called the “death tax”, life...Read More

1. If you already have an Estate Plan, Get a New One In most cases, getting a divorce will essentially invalidate your Trust or Will if you have one. However, it should be noted that your former Will or Trust will only be invalid once the divorce is finalized. Simply filing for divorce changes nothing...Read More

What is the role of a Professional Fiduciary in the context of California probate law? And just what is a Professional Fiduciary?  Let’s first define Professional Fiduciary, as it’s not a profession that is particularly well known. A professional fiduciary has two primary roles within probate law. The first is as someone whose job is to...Read More

Image by Peacock TV Jay Pritchett’s family on ABC’s popular sitcom “Modern Family” is a reflection of many families in the U.S. today. Jay (Ed O’Neill) and Gloria (Sophia Vergara) are parents of a blended family – in other words, they are in a second (or third) marriage and have children from multiple marriages. How...Read More

WHITNEY HOUSTON, FLORENCE GRIFFITH JOYNER, HEATH LEDGER Earlier this year I wrote about the Celebrity Estate Planning Tragedies of Phillip Seymour Hoffman, Marlon Brando, Howard Hughes, James Brown, and James Gandolfini. Recent events and a few discoveries on my part have compelled me to add to that list of Celebrity Estate Planning Tragedies – and...Read More

Executing a trust provides you with an orderly disposition of your estate and avoids probate. However, simply setting up a trust will not avoid probate until the trust obtains legal title to your property.  This is called “funding” the trust. Once you have executed your trust, it is critical to ensure that all appropriate assets are...Read More

If you’re considering doing a Will or Trust for yourself, or assisting another individual with their Estate Plan, it’s important to know who can legally execute estate planning documents. The ability to make a will or trust may also come in to question if you have a parent or relative who is under a conservatorship....Read More

Without a Will or Trust, the state gets to decide who will get your assets. In addition, the chances of a family fight are drastically increased. Even a basic, handwritten will can go a long way – and there’s only a few requirements to make it legally valid. So why do so many Americans put off...Read More

They say that only death and taxes cannot be avoided in life.  But if you are among the wealthy or personally own a business worth more than $5.45 million, you may be subject to being taxed even upon your death.  The “death tax” is quite a controversial subject, with each presidential candidate weighing in on...Read More

As many Star Trek fans may already know, 27 year old actor Anton Yelchin, known as “ Chekov” to fans, died in a freak car accident on June 19th when he was crushed by his Jeep Cherokee in the driveway of his Studio City home. Last Friday, Court records revealed he had no will or...Read More

An elder, as defined by California law, is a person who is 65 years or older. There are specific laws that are designed to protect this population group from abuse and neglect. And what qualifies as abuse? There is a wide range in what is considered to be abuse, from financial to physical and emotional,...Read More

If you suspect elder abuse and the older person is at risk for immediate harm, dial 911. If you are a concerned citizen and observe neglect or abuse of an elder you can contact Adult Protective Services, a division of the California Department of Social Services. In Contra Costa County, APS can be reached at...Read More

I recently had a client come in to do a Trust, in hopes that he could protect his assets from his wife, who he was in the process of divorcing. Unfortunately for him, California is a community property state – which means that everything earned or acquired during a marriage belongs 50% to each spouse....Read More

What exactly is Separate Property? You have most likely heard that California is a “community property” state, which means all assets acquired during a marriage, by either spouse, belong equally to each spouse. In other words, despite who earns the income during a marriage, the income belongs equally to each spouse. The same is not...Read More

Former Governor Jerry Brown signed a bill on June 27 that limits California’s ability to seize assets from the estates of low-income residents between the ages of 55 and 64. Senator Ed Hernandez, who introduced the legislation in early 2014 said that “It is a huge victory that this year’s budget limits estate recovery so...Read More

On June 25th, famed NY Times fashion photographer Bill Cunningham died at the age of 87. Cunningham is best known for his Times columns, On the Street and Evening Hours, which have been running for over 25 years.  Highly regarded by New York’s fashion elite, Vogue Editor in Chief Anna Wintour told the Times “we...Read More

Obergefell v. Hodges was no doubt one of the U.S.’s most important pieces of legislation if we truly are to be a country where all are created equal. As an attorney who is frequently sifting through the complexities of trusts, wills, and California intestacy laws, I wanted to know how Obergefell v. Hodges would change...Read More

If the debacle of music legend Prince’s Estate doesn’t inspire you to get your Estate Plan in order, I don’t know what will.  With an estimated $300 million at stake, multiple family members and people claiming to be family members, Minnesota Judge Eide announced they were entering “uncharted territory.”  With no will yet to be...Read More

Death is an emotionally charged situation. Wouldn’t you want to spare your loved ones the additional anxiety of dealing with questions that are left unresolved by a lack of preparedness?  Most of us would answer, “Yes”! But this is more difficult than it might seem, and also more complex than simply executing a Will or...Read More

Britain’s vote to leave the EU leaves our entire global economy in a state of uncertainty. It’s a further reminder that we, as individuals, have little power over the world at large. But we do (for the most part) have power over our own worlds – personal, emotional, financial, and otherwise. So why do so...Read More

Due to recent changes in estate tax laws, the bypass trust may not produce the savings it once did.  On the contrary, it may cost families more.  The bypass trust, also known as the A/B Trust, was once a popular estate planning tool. Consequently, many estate plans – especially those done prior to 2000- may contain one...Read More

Sumner Redstone is a media mogul and billionaire. He is 93 years old, purported to suffer from dementia, and an acting trustee of a trust containing 80% of the voting stock in CBS Corp. and Viacom. In other words, despite his apparent mental decline, he still has control of billions of dollars. He is also...Read More

If you’re young and have been dating someone for a number of years, you may consider whether or not you’ll tie the knot. But if you’re retirement age and are in a long term committed relationship, you should be considering what will happen if your partner passes away. Grim but true, many people who opt...Read More

Knowing when a conservatorship is necessary is complicated enough. When family members disagree about the care of a parent or relative, obtaining a conservatorship can become even more complex.  So, how do you know when you need a conservatorship – and what do you do if family members disagree?  As an attorney who specializes in...Read More