Blog Posts in December, 2010
Posted on Dec 29, 2010 By Los Angeles Estate Planning Attorney
The legal process of Guardianships have gotten alot of press in the last couple years. There are guardianships for children which have made news, such as the "octo mom" kids. A probate guardianship is ...
Continue reading "Guardianship Basics" »
Posted on Dec 24, 2010 By Los Angeles Estate Planning Attorney
There are many benefits to drafting a living trust. Most people aim to set up a living trust to avoid a formal and costly probate or to put a mechanism in place to manage their finances should they ...
Continue reading "More Reasons to Consider Setting Up a Living Trust" »
Posted on Dec 23, 2010 By Los Angeles Estate Planning Attorney
A revocable inter vivos trust, commonly referred to as a "living trust" is created during the settlor's lifetime and that the settlor has the power to revoke while still living. The trust is described ...
Continue reading "Why Most People Consider Setting up a Living Trust" »
Posted on Dec 22, 2010 By Los Angeles Estate Planning Attorney
A testamentary trust is a trust that is created by a will and that does not take affect until after the death of its' creator, referred to in legal terms as the testator. (Blacks Law Dictionary 5th ...
Continue reading "When is a Testamentary Trust Right?" »
Posted on Dec 21, 2010 By Los Angeles Estate Planning Attorney
The California Supreme Court ruled that a conservatee's due process rights were not violated when a trial court appointed an LPS conservator based on the conservator's counsel's representation that ...
Continue reading " The California Supreme Court Rules on an LPS Conservatorship" »
Posted on Dec 20, 2010 By Los Angeles Estate Planning Attorney
The Fourth District Court of Appeal heard a case regarding a conservatee's due process rights, finding that such rights were not violated when a court reestablished a conservatorship after the ...
Continue reading "A Conservatee is Allowed to Re-established a Conservatorship without a Formal Hearing" »
Posted on Dec 17, 2010 By Los Angeles Estate Planning Attorney
In 2009, the Second District Court of Appeal held that the beneficiary's petition for modification of a special needs trust provision does not violate the no contest clause of the trust, even if the ...
Continue reading "A Beneficiary's Petition for Modification of a Trust did not violate teh No Contest Clause" »
Posted on Dec 16, 2010 By Los Angeles Estate Planning Attorney
The California Supreme Court heard a case where a public conservator filed a petition for conservatorship under the Lanterman-Petris-Short Act and stated that the conservatee would not attend the ...
Continue reading "The Supreme Court Rules on an LPS Conservatorship" »
Posted on Dec 16, 2010 By Los Angeles Estate Planning Attorney
In 2010, the California Appellate Court heard a case involving a surviving spouse disputing with the Decedents four children from a previous marriage. Prior to his remarriage, decedent rolled his 401k ...
Continue reading "A Surviving Spouse Unsuccessfully claims ERISA Protections" »
Posted on Dec 15, 2010 By Los Angeles Estate Planning Attorney
The case of the "Octo-mom" continues. Petitioner, was not related to the mother Nadya Suleman or her children filed a petition seeking appointment of a guardian of the octuplets' estates. The trial ...
Continue reading "The Octo-Mom Case continues on Appeal" »
Posted on Dec 14, 2010 By Los Angeles Estate Planning Attorney
When putting together your estate plan, you should hire an experienced estate planning attorney to avoid any unintended distributions of your estate. In 2010, the California Court of Appeal held that ...
Continue reading "Disinheritance Cluase may not avoid Anti Lapse statute" »
Posted on Dec 13, 2010 By Los Angeles Estate Planning Attorney
Being named the trustee of any trust is a serious obligation, one which may open you to litigation. In California, the Appellate Court recently ruled in 2010 that in order to recover attorneys' fees ...
Continue reading "Reasonable Attorneys' Fees may be Paid out of a Trust" »
Posted on Dec 10, 2010 By Los Angeles Estate Planning Attorney
If you are planning on making changes to your estate plan, or if you are drafting an estate plan for the first time, you should ensure that your capacity will not be called into question. A ...
Continue reading "Capacity in California" »
Posted on Dec 9, 2010 By Los Angeles Estate Planning Attorney
Unfortunately, often times the elderly become a target for fraud, and this extends into the area of estate planning. If you have loved ones that are entering into their twilight years and need ...
Continue reading "Dealing with Fraud or Mistake in Estate Planning" »
Posted on Dec 8, 2010 By Los Angeles Estate Planning Attorney
If you have recently lost a loved one and suspect that their estate planning documents, namely the will was obtained by fraud, you may have grounds to invalidate the will. If you live in California ...
Continue reading "Questioning the Validity of a Will because of Fraud?" »
Posted on Dec 7, 2010 By Los Angeles Estate Planning Attorney
Certainly, the decision to start an estate plan must be focused to your particular needs. For example, if you or a loved one is receiving government benefits you may require a different type of trust ...
Continue reading "Pick the Estate Plan that Works Best for YOU" »
Posted on Dec 6, 2010 By Los Angeles Estate Planning Attorney
The California Court of Appeals ruled in favor of a single mother who petitioned to serve as personal representative of her late partner, Charles David Lewis Jr. in May of 2010. Petitioner, Diane ...
Continue reading "Single Mother Fights to Serve as Personal Representative in High Profile Case" »
Posted on Dec 2, 2010 By Los Angeles Estate Planning Attorney
There are several different types of guardianships. However, in general, a probate guardianship is a formal court process in which the probate court appoints a guardian to have custody of a minor and ...
Continue reading "California Guardianship Standards" »
Posted on Dec 1, 2010 By Los Angeles Estate Planning Attorney
Most people are eager to avoid a formal probate process. Certainly, there is motivation to avoid the process of distributing property to loved ones through the courts if possible. One way to avoid ...
Continue reading "Avoiding a Formal Probate" »