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