Article By Matthew Talbot. This article was featured in June’s Issue of Lamorinda Moms. Despite being the home to the tech hub of America, Silicon Valley, California has yet to enact any legal guidelines for accessing digital accounts after someone dies. Yes, I am aware Facebook and a handful of other sites have their own procedures for...Read More

I recently got a phone call from a very kind 93 year old man. He had read one of my articles, and he told me he was calling me because my article said to call if one has any questions or concerns. I was glad he called. While he didn’t have a case for me,...Read More

As an attorney who works in the Trust and Estate field, I frequently run across the question of why someone should pay an attorney to do their Estate Plan. After all, a professionally done will, trust, or other estate planning document can cost between several hundred to thousands of dollars. Is it really worth it?...Read More

Mental Competence and Money are at the heart of countless lawsuits in the US today. While Sumner Redstone’s case involves considerably more money and media exposure than most, it bears strong resemblance to many of my past and present cases in the SF East Bay. In many instances, legal action can help to protect elderly...Read More

Elder Law did not exist in May of 1963, when John F. Kennedy was still President. Nevertheless, because of his dedication to honoring seniors, May has become National Elder Law Month.  So how did it begin, and exactly what is Elder Law? Just a few months prior to his assassination, JFK issued Proclamation 3527, declaring...Read More

Modernizing California Probate Code to Reflect Marriage Equality While attorneys are familiar with the terms “probate code” and “civil code,” most people are not. The probate code in California governs everything related to probate, including trusts and estates and elder law.  As you can imagine, much of probate law makes reference to married couples. As...Read More

According to documents filed with the Minnesota Probate court this morning, it appears highly likely that music legend Prince died intestate. In other words, Prince had no will and no trust. This morning his sister Tyka filed a Petition for Formal Appointment of Special Administrator, requesting that Bremer Bank be appointed to administer the celebrity’s...Read More

What do you do if you inherit a home in the SF Bay area that is not titled in the name of a trust? By now, you are most likely aware that in order to transfer the title of the home’s deed, the property will have to go through probate. With real estate values at...Read More

Elder financial predators are more prevalent than ever. Illness and cognitive impairments make seniors more susceptible to abuse than other members of the population. Seniors are also more likely to have accumulated significant savings and assets over their lifetimes. Whether it is a fraudulent scheme to collect funds, or a caregiver or relative in need...Read More

Over the next 30-40 years, it is estimated that baby boomers will transfer an unprecedented 30 trillion dollars to the next generation, resulting in the greatest wealth transfer of our time. In contrast, studies estimate the previous inter generational wealth transfer (still in process) at just $11 trillion.  Due to the proliferation of second and third marriages, the...Read More

March was proclaimed “Developmental Disabilities Awareness Month” by President Ronald Reagan in 1987. President Reagan asked Americans to work toward providing both “encouragement” and “opportunities” to allow those with developmental disabilities to achieve their potential. In doing so, Reagan has given us all a chance to recognize the vast array of abilities and talents of...Read More

Who will have access to your social media accounts when you die? Oregon Governor Kate Brown signed a law this month that allows for the legal access of digital assets. Oregon is the first state to draft a law that specifically provides for the transfer of assets such as Facebook and Instagram accounts. In California,...Read More

Simpson’s co-creator Sam Simon died on March 8th, 2015 of colon cancer. When the 59 year old Hollywood legacy passed away, his net worth was estimated to be in the hundreds of millions of dollars. Despite the fact that Mr. Simon diligently set up a complete estate plan, he made several promises before his death...Read More

Who inherits your Investment Accounts if you die? Who gets your IRA? If you can’t recall, it’s worth double checking to make sure your designated beneficiary is someone you actually want to receive your money. If you have either separated from a spouse, or they have passed, this is particularly important. When correct, beneficiary designations...Read More

Many celebrities have failed to properly execute their estate plans, or do any estate planning at all for that matter. James Brown’s estate is still under litigation due to his vague and poorly written will, James Gandolfini and Philip Seymour Hoffman paid millions in estate taxes that could have easily been avoided, and Howard Hughes...Read More

Republican candidate Jeb Bush went all out for a recent tv ad, reminding viewers of his passionate involvement in the Terri Schiavo case during his term as governor of Florida. Schiavo’s husband Michael called Jeb “disgusting” for using his personal family matter for a campaign ad. Politics aside, the Schiavo case is a frightening reminder...Read More

The state of Illinois recently resolved the estate of Mary Petroff, a nonagenarian (new word! – “90’s”) who died in 2011. It took nearly 4 years for the state to find and confirm the 48 relatives who laid claim to her and her late sister Anne’s $1.36 million estate. The story of Mary and Anne’s...Read More

First off, a quick congratulations to the Denver Broncos for winning the 2016 Superbowl. I’m certain Denverites are grateful for the local victory, and are hopefully reveling in their teams’ success as I write this. The people of New Orleans were blessed with no such victory this year, either with their football team, the Saints,...Read More

You may have heard the term “Probate,” but no be clear on what exactly it means. Many people feel frightened by the possibility of probate, which has often been cited as a selling point for why one needs an estate plan. While there are many advantages to having an estate plan, probate is not something...Read More

Reports are circling that the Playboy Mansion is about to go up for sale. According to celebrity gossip site TMZ, Playboy Enterprises, who owns the mansion – will attach an asking price of nearly $200 million to the historic house. Real estate pros in the area say the famous home is not nearly worth that...Read More

Last year my family and I went on vacation to the east coast. Despite the fact that I was out of my beloved home state for practicing law (California), a friend of a friend pulled me aside for legal advice. Here’s what I was asked: Is it legal to use your child’s trust fund for...Read More

In December, Hillary Clinton became the first presidential candidate to make fighting Alzheimer’s Disease a campaign issue. On December 22nd, she announced a plan to invest $2 billion per year until 2025 toward a cure to Alzheimer’s. Clinton stated that 10 years was the minimum amount of time prominent researchers predict it will take to...Read More

Just prior to Homeland’s suspenseful finale this season, Carrie and Saul attempted to wake CIA assassin Quinn up from his medically induced coma to get critical information about an impending attack on Berlin. To their disappointment, Quinn was not only unable to speak, but his life was placed at risk due to brain hemorrhaging that occurred...Read More

Elder abuse, both physical and financial, is indeed a major issue that is often under reported in this country. It has been estimated by the California Attorney General that upwards of 200,000 elderly Californians are abused each year. Particularly vulnerable are those with some form of dementia, including Alzheimer’s. Due to media coverage and money,...Read More

Casey Kasem was the voice of Shaggy on TV’s cartoon Scooby-Doo Just after Thanksgiving, Casey Kasem’s brother and his three children filed a lawsuit against Casey’s widow, Jean Kasem. The lawsuit accuses Jean of elder abuse and attributes Kasem’s death specifically to “Jean’s neglect and physical abuse.” The relatives are also seeking over $250,000 in...Read More

For those of you who followed the Donald Sterling saga last year, you may be satisfied to hear that Mr. Sterling recently lost his appeal to the 2nd District Court of Appeals in November of this year. The court’s ruling confirmed that Mr. Sterling will never again have rights to the Clippers basketball team. Before...Read More

Has media mogul Sumner Redstone become mentally incapacitated? This was the question put before the Los Angeles Probate courts this past week, when former girlfriend Manuela Herzer filed a lawsuit claiming he did not have the mental capacity to remove her as agent on his Power of Attorney.  Mr. Redstone is now 92 and owns...Read More

Tragedies in life, and in death, are all too common among celebrities. But there are some celebrity tragedies that continued even past the celebrities’ deaths. Naturally, their families and friends mourned their loss, but I’m not talking about personal tragedies. I’m speaking about Estate Planning tragedies. Whether they botched their will, handed over their trust to...Read More

Many of you may be familiar with the concept of an Estate Plan in California. And many of you may be aware of the fun new tv show, “Jane the Virgin” on CW. But are you aware that Monday night Jane and Rafael put together their estate plan for baby Mateo?  Before we get to...Read More

When an individual has a condition that limits their ability to care for themselves, a conservatorship can be obtained through the court. There are several types of conservatorships most often sought in Contra Costa County. A limited conservatorship is necessary in the case of special needs children when they turn 18. Obtaining a limited conservatorship...Read More