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
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...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...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...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,...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,...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...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,...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...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...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...Read More