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 a controversial subject, with each presidential candidate weighing in on...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. Last Friday, Court records revealed he had no will or...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 considered to be abuse, from financial to physical and emotional,...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 Services. In Contra Costa County, APS can be reached at...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 or acquired during a marriage belongs 50% to each spouse....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 huge victory that this year’s budget limits estate recovery so...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, Vogue Editor in Chief Anna Wintour told the Times “we...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, I wanted to know how Obergefell v. Hodges would change...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 were entering “uncharted territory.”  With no will yet to be...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, and also more complex than simply executing a Will or...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 – personal, emotional, financial, and otherwise. So why do so...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 plans – especially those done prior to 2000- may contain one...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 still has control of billions of dollars. He is also...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 if family members disagree?  As an attorney who specializes in...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 a handful of other sites have their own procedures for...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 he called. While he didn’t have a case for me,...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 hundred to thousands of dollars. Is it really worth it?...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. In many instances, legal action can help to protect elderly...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 months prior to his assassination, JFK issued Proclamation 3527, declaring...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, much of probate law makes reference to married couples. As...Read More

What do you do if you inherit a home in the SF Bay area that is not titled in the name of a trust? By now, you are most likely aware that in order to transfer the title of the home’s deed, the property will have to go through probate. With real estate values at...Read More

Elder financial predators are more prevalent than ever. Illness and cognitive impairments make seniors more susceptible to abuse than other members of the population. Seniors are also more likely to have accumulated significant savings and assets over their lifetimes. Whether it is a fraudulent scheme to collect funds, or a caregiver or relative in need...Read More

Over the next 30-40 years, it is estimated that baby boomers will transfer an unprecedented 30 trillion dollars to the next generation, resulting in the greatest wealth transfer of our time. In contrast, studies estimate the previous inter generational wealth transfer (still in process) at just $11 trillion.  Due to the proliferation of second and third marriages, the...Read More

March was proclaimed “Developmental Disabilities Awareness Month” by President Ronald Reagan in 1987. President Reagan asked Americans to work toward providing both “encouragement” and “opportunities” to allow those with developmental disabilities to achieve their potential. In doing so, Reagan has given us all a chance to recognize the vast array of abilities and talents of...Read More

Who will have access to your social media accounts when you die? Oregon Governor Kate Brown signed a law this month that allows for the legal access of digital assets. Oregon is the first state to draft a law that specifically provides for the transfer of assets such as Facebook and Instagram accounts. In California,...Read More

Who inherits your Investment Accounts if you die? Who gets your IRA? If you can’t recall, it’s worth double checking to make sure your designated beneficiary is someone you actually want to receive your money. If you have either separated from a spouse, or they have passed, this is particularly important. When correct, beneficiary designations...Read More

The state of Illinois recently resolved the estate of Mary Petroff, a nonagenarian (new word! – “90’s”) who died in 2011. It took nearly 4 years for the state to find and confirm the 48 relatives who laid claim to her and her late sister Anne’s $1.36 million estate. The story of Mary and Anne’s...Read More

While almost everyone has heard of Duke University, many are not familiar with the family who gave the prestigious school its name – in particular, the infamous heiress Doris Duke. For those of you who have not heard the name, or may need a reminder, Doris Duke was the daughter of tobacco industry titan James...Read More