Most of us will never need to know the ins and outs of the Criminal Court System, the Civil Court system, and maybe not even the family law system. But almost all of us will encounter Probate Law. Why? Because at some point, someone in...Read More
The simple answer: After you die. From a financial perspective, it is generally advantageous to gift property upon your death. However, when making a decision about how best to leave real property to your children there are several important factors to consider. If you plan...Read More
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...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...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...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...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...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...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...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...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...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...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...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,...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...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...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...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....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...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...Read More
