This story is an example of what can happen in a worst case scenario probate. Probate is a court process by which an estate (funds and real property) is distributed when a person dies. Probate only occurs if an estate plan has not been set up. Under California law, this means a person’s assets exceed...Read More

In our third installment of Defining Elder Law, we discuss Conservatorships and Elder Abuse. While technically these are two separate legal matters, they often find themselves intertwined, as conservatorships often become necessary because financial elder abuse is occurring.  CONSERVATORSHIPS A Conservatorship is when the Court appoints a person (such as a friend, family member, or...Read More

What is Elder Law? Part 2: Medi-Cal Planning A highly specialized part of Elder Law is Medi-Cal planning. Medi-Cal is California’s version of Medicaid. In the context of Elder Law, an attorney can not only help you to qualify for Medi-Cal, but also help you keep your assets upon passing. This ensures your home and life savings are...Read More

In this post series, we’ll take a look at Estate & Trust Litigation Battles and Elder Law issues occurring around the world. We’ll explore how the laws regarding Estate, Trust, and Elder Law differ between countries.  Our first case takes place in Australia. This is a case that has it all – murder, betrayal, a...Read More

As the era of “Mad Men” came to a close on May 17th, errors abounded. The obvious misrepresentation came at the end when we were led to believe that Don Draper came up with the revolutionary Coca-Cola ad. I regret to inform many of you, that in fact, he did not. However, this was not the...Read More

On Friday, May 8th, the LA Times announced that Bobbi Brown and Pat Houston were granted guardianship over Bobbi Kristina “Krissi” Brown. Guardianship of an adult is synonymous with the term “conservatorship,” and in this case refers to conservatorship of the person – or legal rights in regard to the care and medical decisions of...Read More

Harper Lee, the renowned author of “To Kill a Mockingbird” has a new book coming out this summer, at the spry age of 88. Her new book, titled, “Go Set a Watchman,” takes place in the 1950’s and is centered around the character Scout as an adult, from To Kill a Mockingbird. But the circumstances...Read More

American Top 40 host and Scooby Doo voice, Casey Kasem suffered from Parkinson’s disease in his later years. This January, he passed away under tragic and somewhat dubious circumstances, which may have been prevented had a conservatorship been established. In 2013, his children filed for a temporary conservatorship when they reportedly had been prevented from...Read More

As more and more of our society become seniors, caring for an elderly loved one is becoming a challenge in more of our lives. The simple truth is that there is no easy way to ensure a smooth management of their care and financial well being. Every single person is surrounded by a complex series...Read More

 Elder Law Part 1: Estate Planning  While the mansion in the photo is indeed elderly (circa 1700), and many would no doubt call it an “estate,” Elder Law as it relates to estate planning isn’t always about large homes, or even elder persons. The term “Elder Law Attorney” actually refers to a fairly new field of...Read More

What happens when a billionaire decides to leave everything to a new, young wife? A healthy dose of Chaos – and legal fees- are likely not far behind. New Orleans Saints owner and 87 year old billionaire Tom Benson changed his mind last year and decided to leave his empire to new wife Gayle and cut...Read More

When you hear the word “estate” you might think of vast gardens, lush green lawns, and a giant house in the center. But the truth is, if you own even the smallest of houses in the San Francisco Bay Area, you have an estate. California requires a Court process called a Probate if your estate...Read More

Elder Law in California- MediCal Long Term Care Throughout my experience as an Elder Law Attorney in Contra Costa County, I have seen families needlessly spend thousands of dollars (if not more) on long-term care because of misinformation and/or misconceptions about MediCal and their eligibility. If someone in your family suffers from Alzheimers, dementia, Parkinson’s, or ALS, the...Read More

Under a federal law that is not widely known, states are allowed to seize assets of Medi-Cal beneficiaries when they pass. Under the federal law, states are required to reclaim nursing home costs, but reclaiming other medical expenses is optional. California claims both. This fact is also little known to current Medi-Cal beneficiaries, as an article...Read More

In my last Conservatorship blog post, we discussed the role of a Conservatorship and the differences between a Conservatorship of the Person and the Conservatorship of the Estate.  Today, I want to generally discuss the question of “how.”  How does one go about obtaining a Conservatorship? When it comes to the process of petition for...Read More

What do you do if a friend or family member created a Trust, but forgot to fund it before passing away?  If you have evidence that the friend or family member intended to fund the Trust, you bring a Heggstad petition (derived from the 1993 case, Estate Of Heggstad 16 CA 4th 943).  The problem...Read More

For assisting a friend or family member with mental capacity issues, there are two main ways to help them.  One way is to have them sign documents such as a Durable Power Of Attorney or Advanced Health Care Directive. When somebody signs these documents, they are appointing another person to make medical and financial decisions...Read More

Often times, elder people want their adult children to assist them in the paying of their bills.  This tends to be in situations where the elderly person has enough capacity to express their desire for help, but not enough capacity to manage complicated finances.  There are three main ways that the children can help take...Read More

Dealing with the passing of a loved one can be very difficult.  It is sometimes challenging during this emotional time to determine whether a Probate proceeding is necessary.  The Probate process is designed to collect assets and distribute them pursuant to a Will.  The Probate process in the Courts is long and can be expensive.  Many...Read More

Executing a Trust can be one of the most important estate planning decisions any person or family can make.  Funding a Trust changes ownership of assets in ways that allows for ease of management and transfer upon the passing of the people involved in the Trust.   When most people open bank accounts or purchase...Read More