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
If you’re young and have been dating someone for a number of years, you may consider whether or not you’ll tie the knot. But if you’re retirement age and are in a long term committed relationship, you should be considering what will happen if your...Read More
Knowing when a conservatorship is necessary is complicated enough. When family members disagree about the care of a parent or relative, obtaining a conservatorship can become even more complex. So, how do you know when you need a conservatorship – and what do you do...Read More
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...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...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...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....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...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,...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,...Read More
