Couples with young children typically set up revocable trusts with their children’s well being as the top priority. Most trusts plan for the potential scenario where both parents are gone, but at least one child or grandchild remains. A well crafted trust will also specify who a couple’s assets will go to if no children...Read More

Vanity Fair recently published a new article, “It is Not a Coincidence: With 75 million on the line, the Redstone Family declares Sumner incompetent.” If you’re unfamiliar, Sumner Redstone is the Hollywood Mogul billionaire at the helm of a media empire that includes CBS and Viacom. For the past several years, Sumner has been at...Read More

The Hollywood Reporter notes that despite Jurassic World’s box office success, the newest installment “has trouble finding something to say beyond what ‘Jurassic Park’ already did 25 years ago.” I beg to differ. Jurassic World highlights some important estate planning issues in a fun filled, action packed, dinosaur laden 90 minutes. SPOILER ALERT! Ok, so...Read More

David Cassidy, known as Keith Partridge in the popular show The Partridge Family and a teen heartthrob in the 1970s, died of organ failure in Fort Lauderdale on November 21, 2017 at the age of 67. He had been hospitalized with liver and kidney failure the week prior to his death and passed away surrounded...Read More

Chapter Two continues the unhappy saga of the troubles of Tom Clancy’s estate. The main players in this drama are the two wives of Tom Clancy; his first wife, Wanda King, who was married to him for 30 years, and his second wife and widow, Alexandra Clancy, married to him for 14 years. The drama...Read More

What is a no-contest clause and why is it added to a will or trust? In Latin it is known as an “in terrorem” clause, which means that the clause is inserted as a threat or warning to those beneficiaries of a will or trust who would seek to challenge the estate plan after death....Read More

Updated 2/25/2021 When a parent dies who has had the forethought to establish a trust, the probate process can be avoided, which can be time-consuming and costly.   Now, let’s assume that the parent/trustee  has real property in California and has named a successor trustee whose job it is to ensure that the property is...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 to keep living in the property, first and foremost is...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 multiple beneficiaries can be more complex and thus take longer...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 (or third) marriage and have children from multiple marriages. How...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

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

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

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

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