Does California Probate code make any allowances for differences or conflicts between an Advanced Healthcare Directive (California’s version of a Healthcare POA) and Power of Attorney? For example, a parent designates one child as their agent for the Healthcare Directive, and the other child as their agent for the Power of Attorney. The parent becomes...Read More

Speaking out publicly for the first time since her husband’s death in 2014, Susan Schneider Williams, wife of actor Robin Williams, revealed that the coroner’s report revealed Robin had Lewy Body Dementia. Lewy Body Dementia is a fairly common form of dementia, affecting nearly 1.4 million Americans. However, it is much harder to diagnose, as...Read More

More than a few people have left wills which intentionally disinherit heirs. But few are known to have literally destroyed their own assets – thereby leaving nothing to be inherited or even fought over in court. But one Austrian grandmother was brave enough (or mad enough) to do just that. Austrian state prosecutor recently confirmed...Read More

While almost everyone has heard of Duke University, many are not familiar with the family who gave the prestigious school its name – in particular, the infamous heiress Doris Duke. For those of you who have not heard the name, or may need a reminder, Doris Duke was the daughter of tobacco industry titan James...Read More

As a Trust & Estate Attorney in the SF East Bay,  I strongly encourage friends, family, and clients to set up an Estate Plan – a trust in particular. Let there be no confusion – I do not recommend this because I believe attorneys should make money. Trust and Estate attorneys are largely in business...Read More

While there are no official reports that Hugh Hefner has dementia, he provides a great example of an elderly parent remarrying later in life. For those of you out of the popular news loop – Hugh Hefner married 29 year old Crystal Harris in late 2012. While Hefner reportedly had Crystal sign an “iron clad prenup,”...Read More

With one in seven Americans over age 71 suffering from dementia, many families are familiar with the emotional and financial devastation caused by the disease. While the emotional cost is difficult to quantify, Mt. Sinai Medical Center recently published the first ever study documenting the financial costs of dementia in the last 5 years of life....Read More

In March I wrote a post about the estate litigation involving Robin Williams’ children with his 3rd wife, Susan Schneider Williams. The lawsuit was initially filed by Susan just a few months after Williams committed suicide in August of 2014 in his Tiburon, CA home. According to the NY Times, Susan claimed she was not...Read More

If you haven’t been following social media, parental discretion advised: Basketball star Lamar Odom remains in a coma at Sunrise Hospital in Las Vegas, Nevada after being found unconscious at the Love Ranch “Cathouse”, a brothel about 70 miles outside Las Vegas. Lamar had reportedly been using cocaine and an herbal substance similar to viagra...Read More

On October 5th, Governor Jerry Brown signed SB-128, the bill that legalized assisted suicide in California. Called The “End of Life Option Act,” Brown stated that he signed the bill because if he found himself dying “in prolonged and excruciating pain” he would find comfort in having the option to end his life. He was...Read More

On September 23rd, Governor Brown signed AB 139, a bill introduced by assemblyman Mike Gatto. The bill will effectively transform the probate system in California by creating a “Revocable Transfer on Death Deed.” This deed allows Californians to sign a document that transfers real property to another individual upon their death. “Real property assets” refer...Read More

Alzheimer’s and Dementia is often diagnosed before it renders one unable to make legal decisions. This is the time in which creating a medical, legal, and financial plan for the future is critical. Without a plan in place, caregivers and family members often find themselves in an emergency situation with regards to finances, medical care,...Read More

When is it necessary to update your Estate Plan? So you’ve already done the responsible thing and put together your estate plan. But several years have passed and life circumstances may have changed. So when is it necessary to go back to your attorney to update your will, trust, power of attorney, and healthcare directive?...Read More

Huguette Clark is a woman who definitely could have used a good Estate Planner. Heiress to Copper Magnate Senator William Clark of Montana, Huguette was heir to hundreds of millions of dollars, several sprawling homes, and numerous valuable artworks.  After living the last two decades of her life at Mount Sinai Beth Israel Hospital in...Read More

Celebrity author Tom Clancy was widely known for his bestselling novels, which include popular titles such as “Patriot Games,” “The Hunt for Red October,”  and “Clear and Present Danger.” Unfortunately, his skills in crafting and meticulously planning espionage tales did not transfer over when it came to planning his Estate. When Clancy passed away in 2013, his...Read More

Guide to Estate Planning in the SF East Bay: Trusts In the second part of my Estate Planning Frequently Asked Questions, we’ll review some estate plan basics as well as go over what you’ll need to get started. So, first things first, if you have a will in Contra Costa or Alameda County, do you need...Read More

This week we’re looking at beneficiary designations – and what it’s critical to keep in mind when it comes to these guys. So, let’s define it first.  Assets that are registered as “transfer on death” or “payable on death” will transfer to a specified beneficiary upon your death. these types of assets were designed to...Read More

Undue Influence is a term often heard in the Elder Law field. For those not up on their legal jargon, “undue influence” essentially means one person taking advantage of another, typically for financial gain. When it comes to trust and estate litigation (or probate law), California defines undue influence as “excessive persuasion that causes another...Read More

As an Elder Law attorney in Walnut Creek, CA who specializes in Conservatorships, I have yet to see a conservatee that is under the age of thirty who does not have special needs. I most often represent adult children trying to obtain a conservatorship over a parent who has been diagnosed with dementia or Alzheimer’s...Read More

Having a parent, grandparent, or close friend that is diagnosed with Alzheimer’s or dementia can seem overwhelming. However, if you begin planning for their future early, many of the difficulties associated with the disease can be avoided. In addition, the sooner planning begins, the more the person affected can participate. The Importance of Legal Planning...Read More

Do you need a Lawyer to do your Estate Plan? The simple answer is yes, the more accurate answer is maybe. Many of the documents contained in a classic estate plan can be filled out using online programs for a relatively low cost. If you have a simple situation – for instance, 1 house, 1 child, 1-2...Read More

An Estate Plan may have been on your “to do” list for some time. You are not alone. Most of the couples I talk to in the San Francisco East Bay area have not yet done their estate plan. It’s one of those things that just keeps getting pushed off to a time when you...Read More

Proper estate planning will generally involve setting up at least one trust. A trust is a separate legal entity that is created to hold the assets and funds of an individual (or individuals). A trust allows those assets and funds to be passed on to heirs, or beneficiaries in a specific and timely manner. Most...Read More

  According to a new study in the American Geriatrics Society, Elder abuse is much more common than is recognized by society – particularly among adults with cognitive impairments such as dementia. Studies estimate one in ten adults is subject to elder abuse, with nearly one half of all adults with dementia falling prey to...Read More

“Ending Life,” a piece by 60 minutes that aired on July 19th, highlights the importance of having an advance health care directive and power of attorney. The piece detailed the criminal case of Barbara Mancini, who was arrested for allegedly aiding her father’s suicide. Her actions were simple: she handed her dying father a bottle...Read More

Anna Nicole Smith was both famous and infamous. Not only was she known for being a playboy bunny, she was also know for her marriage to much (much) older millionaire J. Howard Marshall II,  and the estate battle that ensued following his death. The fight began in the mid 90’s, continued until 2007 when Anna Nicole abruptly died...Read More

Probate is defined as the court managed process by which an estate is administered to beneficiaries and heirs. The probate process is long and sometimes costly, and thus it is largely recommended that persons and families with over $150,000 in assets set up a trust. A living trust will avoid probate, so long as all...Read More

Elder Law: Trust Administration When a loved one passes away, it can be a difficult and emotional time for everyone. The last thing on your mind is dealing with the complicated process of administering your loved one’s trust. However, as the trustee, it is your legal responsibility to do so in the best interest of the...Read More

How to Pay the Debts of an Estate  If a loved one dies, and you are a beneficiary of their estate, you’re really lucky if they leave you lots of property and funds, and no debt. However, this is not often the case. Even with a well managed trust or estate, the person who passes...Read More

Last month a conservatorship was obtained over Bobbi Kristina Brown, 22 year old daughter of Whitney Houston. This month, on June 24th, a lawsuit was filed against Nick Gordon by the conservator, alleging serious abuse against Bobbi Kristina. A conservatorship over another person allows one full legal power to act on their behalf. In the...Read More