Recent Posts in Fiduciary Category
Posted on Dec 8, 2011 By Los Angeles Estate Planning Attorney
Not according to the California courts. In the case of Christopher Gene Fazzi v. Norma Jean Klein, 2010 Cal. App. LEXIS 2112 , Christopher sought to remove his mother, Norma, has the sole trustee for ...
Continue reading "Are Trustees Protected from Fiduciary Breaches by No Contest Clauses?" »
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 Oct 25, 2010 By Los Angeles Estate Planning Attorney
In January of 2010, the California Appellate Court considered the right of a parent to care for their children in considering an application for the appointment of a Guardianship of a person on behalf ...
Continue reading "Standard to Appoint a Guardian" »
Posted on Oct 11, 2010 By Renee Linares
Often times when an ailing person requires 24 hour care, they become quite close with their care custodian. This may result in situations where the care custodian uses the close relationship and the ...
Continue reading "Donative Transfers to Care Custodians of Depending Adults" »
Posted on Sep 6, 2010 By Renee Linares
Do you have what it takes to serve as a personal representative to administer the estate of a loved one or friend? In short, yes. However, whether you'd like to take on that level of responsibility is ...
Continue reading "Do YOU have What it takes to Serve as a Personal Representative?" »
Posted on Aug 6, 2010 By Renee Linares
You may not know the exact definition of the legal term "undue influence" however that does not mean you have not been a witness to such wrongful conduct. Often times the elderly are victims to people ...
Continue reading "Spotting Undue Influence" »
Posted on Jul 7, 2010 By Renee Linares
It used to be that creating a trust was only for the extremely wealthy. However, may people who may consider themselves "middle class" are starting to create trusts as part of their estate planning ...
Continue reading "How to Contest a Trustee's Accounting in California" »
Posted on Jul 2, 2010 By Renee Linares
On December 7, 2009, Pauly Shore became famous for something other than his comedy routines. Pauly Shore filed a lawsuit against his brother, Peter Shore which alleges Peter has exerted undue ...
Continue reading "Undue Influence in Hollywood" »
Posted on Jul 1, 2010 By Renee Linares
In January of 2010 the California Appellate Court considered the right of a parent to care for their children in considering an application for the appointment of a Guardianship . (Super. Ct. No. ...
Continue reading "The Right to Raise your Children" »
Posted on Jun 24, 2010 By Renee Linares
In March of 2009, the California Supreme Court noted that probate guardianships have continued to provide an alternative placement for children who cannot safely remain with their parents. (12 S.Cal. ...
Continue reading "Probate Guardianships: what is in the child's best interests?" »
Posted on Jun 8, 2010 By Renee Linares
In 2009 the California Supreme Court held that a father's due process rights were not violated when his parental rights were terminated because the Court determined this was in his daughter's best ...
Continue reading "The Termination of Parental Rights in California" »
Posted on Jun 4, 2010 By Renee Linares
On June 3, 2010 there was a status hearing for the Britney Spears Conservatorship case, where the Los Angeles Superior Court Commissioner Reva Goetz ruled to keep the conservatorship in tact, sealed ...
Continue reading "Conservatorship to Continue for Spears" »
Posted on May 27, 2010 By Renee Linares
On January 31, a court placed pop idol Britney Spears under temporary co- conservatorship of her father James Spears and attorney Andrew Wallete, giving them complete control of her assets. This ...
Continue reading "Celebrity Conservatorships" »
Posted on May 20, 2010 By Renee Linares
In January of 2010 the California Appellate Court ruled in favor of a parent when considering an application for appointment of a guardian who was not a parent or relative in Suleman v. The Superior ...
Continue reading "Petition for Guardianship: Rights of the Parent" »
Posted on May 17, 2010 By Renee Linares
A probate guardianship is a formal court process in which the probate court appoints a guardian to have custody of a minor and or their property (California Probate Code §1510). A court's appointment ...
Continue reading "The Basics: Guardianship of a minor in California" »
Posted on May 12, 2010 By Renee Linares
In May of 2010 the California Court of Appeals ruled that the Superior Court abused its discretion under Probate code §8464 by appointing a public administrator to act as the decedent's personal ...
Continue reading "The California Appellate Court Reverses Order Naming Administrator of Charles “the Mask” Davis Jr.’s Estate" »
Posted on May 11, 2010 By Los Angeles Estate Planning Attorney
In California , many actors begin their careers as child actors sometimes bringing in three figure salaries a year. This brings an interesting scenario where the children instead of their parents may ...
Continue reading "Are you Required to set up a Coogen Trust for your Child?" »