Although the Health Insurance Portability and Accountability Act, aka HIPAA, is meant to protect your medical privacy, sometimes the rule may cause unwanted situations in regards to the release of ...
Read MoreSomething you may want to consider as part of your estate litigation is what to do with your body or parts of your body after you die. Many people consider organ donation as a way to give life to ...
Read MoreThe costs of not having a Durable General Power of Attorney or Power of Attorney for Health Care included in your estate litigation are immense. Without these documents in place your family will need ...
Read MoreWhen writing your will, a good idea is to figure out where you’d like the gift to go if the person you designated as the beneficiary happens to die before you do. If this happens that gift is deemed ...
Read MoreWhen putting together your estate plan, you should hire an experienced estate litigation attorney to avoid any unintended distributions of your estate. In 2010, the California Court of Appeal held ...
Read MoreNonqualified Plans Nonqualified plans include Individual Retirement Accounts (IRAs), Simplified Employee Pensions (SEP), deferred compensation plans, 403(b) plans with a custodial account, and plans ...
Read MoreAnti-Alienation Clause ERISA-compliant plans contain an anti-alienation clause that prohibits the creditors of the participant as well as that of the sponsoring organization from attaching the assets ...
Read MoreThere are certain protections that exist under both the federal and California law that shield retirement plans from creditor claims. Such protections may be beneficial to individuals who do not only ...
Read MoreTo continue our blog on Knox v. Dean (205 Cal.App.4 th 417 (2012)), Donna (successor conservator , plaintiff, cross-defendant and appellant) appealed the trial court's decision granting Dean's ...
Read MoreTrustees and those entrusted to act as successor trustees should note that the probate court has the authority to compel a formal, verified accounting as a preliminary step in any court dispute which ...
Read MoreA case that is currently making it's way through the San Francisco Probate Court demonstrates the importance of choosing the right person to be a trustee. Especially, in the case of a special needs ...
Read MoreIf 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 ...
Read MoreIn yesterday's blog, we discussed how capacity affects a person's ability to execute a will in California. Pursuant to California Probate Code section 811 a determination that a person lacks the ...
Read MoreIn yesterdays' blog we determined situations where capacity can be an issue for someone looking to draft a will. In fact, for that reason, California has established very specific guidelines for ...
Read MoreAmerican musician Lewis Allan "Lou" Reed, the front man for the 1960s band The Velvet Underground, left majority of his $15 million estate to his wife, Laurie Anderson. Reed, who underwent a liver ...
Read MoreTo continue our blog on Fiduciary Trust International of California v. Superior Court, Betty Brown (decedent), changed her will after Willet's death. Instead of leaving the majority of Betty's assets ...
Read MoreAs we mourn the loss of a great actor who moved us with his performance as Mafia boss Tony Soprano in "The Sopranos", we also take this opportunity to look at the tax ramifications of his estate ...
Read MoreMarvin v. Marvin (18 Cal. 3d 660 (1976)) is a landmark "palimony" case which held that a contract between unmarried partners was enforceable unless it was based on an illicit or unlawful ...
Read MoreA gifting strategy that allows a couple to take advantage of the gift tax exemption while retaining access to the funds is the Spousal Lifetime Access Trust (SLAT). The SLAT is an irrevocable trust ...
Read MoreCalifornia is a Community Property state which means that the spouses must divide all community property equally. California defines community property as "All property acquired during marriage and ...
Read MoreContinuing from our previous blog on the Conservatorship of the Person and Estate of Maria B., the trial court clerk forwarded the trial court's ruling to the Court of Appeal as an automatic appeal ...
Read MoreTo continue our blog on the Conservatorship of the Person and Estate of Maria B., a public defender was appointed as Maria's counsel and opposed Denise's petition on the grounds that (1) Probate Code ...
Read MoreA petition to authorize medical procedures that has the incidental effect of sterilization requires a clear and convincing evidence standard to protect an individual's right to procreative choice. The ...
Read MoreTo continue our blog on Fiduciary Trust International of California v. Superior Court, Betty Brown (decedent), changed her will after Willet's death. Instead of leaving the majority of Betty's assets ...
Read MoreAs we mourn the loss of a great actor who moved us with his performance as Mafia boss Tony Soprano in "The Sopranos", we also take this opportunity to look at the tax ramifications of his estate ...
Read MoreIf you think that by simply creating a revocable living trust ,as opposed to a will, that certain inheritance taxes will be avoided, you may want to think again. People that are not familiar with the ...
Read MoreTo continue our blog on the Estate of Redfield (193 Cal. App. 4 th 1526 (2011)), Nancy Horan (petitioner and appellant) appealed the trial court's decision to reopen the final judgment of the probate ...
Read MoreContinuing from our previous blog on the Estate of Hans Barsch (193 Cal. App. 4 th 885 – Cal: Court of Appeal, 1 st Appellate Dist., 1 st Div, 2011), Norman Bartsch Herterich (Objector and appellant) ...
Read MoreIn continuation of our blog on the Estate of Hans Barsch (193 Cal. App. 4 th 885 – Cal: Court of Appeal, 1 st Appellate Dist., 1 st Div, 2011), after Hans Bartsch's death, Arndt Peltner (petitioner ...
Read MoreA no-contest clause or an "in terrorem" clause is a provision in a testamentary instrument that is meant to discourage beneficiaries from disputing a will . This clause is typically used to threaten ...
Read MoreUnder the California Probate Code, an omitted spouse is a surviving spouse that was unintentionally disinherited under a will or trust that was executed prior to marriage. The law provides for the ...
Read MoreContinuing our blog on the omitted spouse and specifically, the Estate of Will (170 Cal.App.4 th 902 (2009)), Gertrude appealed the probate court''s decision to honor the prenuptial agreement and ...
Read MoreIn continuation of our blog on the Estate of Hans Barsch (193 Cal. App. 4 th 885 – Cal: Court of Appeal, 1 st Appellate Dist., 1 st Div, 2011), after Hans Bartsch's death, Arndt Peltner (petitioner ...
Read MoreTo continue our blog on Straley v. Gamble; approximately two weeks after decedent's death, William O. Gamble III (trustee, defendant and trustee) served Steven Straley (decedent's son; plaintiff and ...
Read MoreThe Estate of Gardner, Jr. (187 Cal.App.4 th 543 (2010)) involved the disposition of assets through a nonprobate transfer. Accordingly, the Probate Code does not govern these kinds of transfers. ...
Read MoreGlenn Neasham, an insurance agent by trade, sold an Allianz MasterDex 10 annuity to Fran Schuber, an 83-year old woman. The MasterDex 10 annuity was approved for sale by the California Department of ...
Read MoreThe case of Samuel Nevarrez v. San Marino Skilled Nursing and Wellness Centre et al., began in March 2009 when a 79-year old patient was admitted to San Marino (defendants and appellants) for ...
Read MoreIn Samuel Nevarrez v. San Marino Skilled Nursing and Wellness Centre, et al., a newly published elder abuse case involving a former patient's claims for elder abuse , negligence and violations of ...
Read MoreThe new state budget bill for the next fiscal year has been passed by Governor Jerry Brown, bringing good news for Medi-Cal recipients. As a part of the new legislation, substantial changes are ...
Read MoreIn continuation with our blog on The People v. Neasham, Glenn Neasham (defendant and appellant) appealed his conviction for committing theft from an elder and dependent adult by selling her an annuity ...
Read MoreGlenn Neasham, an insurance agent by trade, sold an Allianz MasterDex 10 annuity to Fran Schuber, an 83-year old woman. The MasterDex 10 annuity was approved for sale by the California Department of ...
Read MoreTo continue our blog on Diaz v. Bukey (195 Cal.App.4 th 315 (2011)), Marie L. Bukey (trustee, defendant and appellant) appealed the trial court's decision denying the petition to compel arbitration. ...
Read MoreMost people understand there are benefits to having a will or living trust. It is an unfortunate fact, however, that close to 55% of all American adults are currently living without a will or any type ...
Read MoreContinuing from our previous blog on the Estate of Hans Barsch (193 Cal. App. 4 th 885 – Cal: Court of Appeal, 1 st Appellate Dist., 1 st Div, 2011), Norman Bartsch Herterich (Objector and appellant) ...
Read MoreImagine a typical scene at your household during the holidays. It probably includes just about your entire family gathered around one table – two if you have young children in your family tree – ...
Read MoreA no-contest clause or an "in terrorem" clause is a provision in a testamentary instrument that is meant to discourage beneficiaries from disputing a will . This clause is typically used to threaten ...
Read MoreA pretermitted heir is a person who would likely stand to inherit under a will or trust , except that the person who wrote the will (testator) or trust (settlor) did not know, or did not know of, the ...
Read MoreOften in the waning years of people’s lives, they may become susceptible to fraud or abuse. Also, family issues can be difficult to work out, especially after you have all lost someone close to you. ...
Read MoreTo continue our blog on Fiduciary Trust International of California v. Superior Court, Betty Brown (decedent), changed her will after Willet's death. Instead of leaving the majority of Betty's assets ...
Read MoreI would wager that the main type of property you would want to have protection for when you die would be your home. Many states, including California, have what are called homestead allowance ...
Read MoreThe new state budget bill for the next fiscal year has been passed by Governor Jerry Brown, bringing good news for Medi-Cal recipients. As a part of the new legislation, substantial changes are ...
Read MoreTo continue our blog on Fiduciary Trust International of California v. Superior Court, Betty Brown (decedent), changed her will after Willet's death. Instead of leaving the majority of Betty's assets ...
Read MoreAs we mourn the loss of a great actor who moved us with his performance as Mafia boss Tony Soprano in "The Sopranos", we also take this opportunity to look at the tax ramifications of his estate ...
Read MoreContinuing from our previous blog on the Estate of Hans Barsch (193 Cal. App. 4 th 885 – Cal: Court of Appeal, 1 st Appellate Dist., 1 st Div, 2011), Norman Bartsch Herterich (Objector and appellant) ...
Read MoreIn continuation of our blog on the Estate of Hans Barsch (193 Cal. App. 4 th 885 – Cal: Court of Appeal, 1 st Appellate Dist., 1 st Div, 2011), after Hans Bartsch's death, Arndt Peltner (petitioner ...
Read MoreAs part of your duties as the estate executor, you will need to collect any employee benefits or death benefits that the decedent may have been eligible for. Such benefits may include retirement ...
Read MoreA person who is subject to a conservatorship may still have the capacity to set up their own estate plan. The appointment of a conservatorship is a consideration in determining whether the conservatee ...
Read MoreIn 2009, The California Appellate District Court applied the current California test for standing and sufficiency for a petition for guardianship . This Case involved Petitioner Paul Petersen, the CEO ...
Read MoreIn estate litigation, it is important to consider elder abuse , fraud and undue influence. The California State government has attempted to address these issues with legislation. In 2009, State ...
Read MoreTo continue our blog on Fiduciary Trust International of California v. Superior Court, Betty Brown (decedent), changed her will after Willet's death. Instead of leaving the majority of Betty's assets ...
Read MoreProbate Code section 15680 subd. (a) provides that "if the trust instrument provides for the trustee's compensation, the trustee is entitled to be compensated in accordance with the trust instrument." ...
Read MoreNot 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 ...
Read MoreThere are instances when a will has been revised to change the distribution of assets amongst beneficiaries. Some of these wills may have a no-contest clause that would prevent anyone from contesting ...
Read MoreTo continue our blog on Hernandez v. Kieferle, Claudine appealed the probate court's judgment invalidating the 2008 amendment and confirming the Hernandezes as Gertrude's successor trustees. Claudine ...
Read MoreUnder Probate Code section 21350, there is a rebuttable presumption that testamentary transfers to care custodians/caregivers are the product of fraud, duress, menace or undue influence. However, ...
Read MoreYesterday, we discussed about guardianship and parental unfitness under Probate Code section 1513 (c). In a similar vein, we will discuss about parental rights termination based upon child's best ...
Read MoreThe drama surrounding Ariel Winters of Modern Family fame and her 32 year-old sister's quest to obtain guardianship over her brings to mind a guardianship case titled Guardianship of Christian G. ...
Read MoreThis week a new act called the Guardian Accountability and Senior Protection Act was approved by the Senate Judiciary Committee. The act was sponsored by Minnesota Sen. Amy Klobuchar and it's purpose ...
Read MoreA Private Letter Ruling (PLR) is a written response by the Internal Revenue Service (IRS) to a taxpayer's request for information. A PLR can be used by a taxpayer for guidance on whether to take ...
Read MoreA pretermitted heir is a person who would likely stand to inherit under a will or trust , except that the person who wrote the will (testator) or trust (settlor) did not know, or did not know of, the ...
Read MoreUnder the California Probate Code, an omitted spouse is a surviving spouse that was unintentionally disinherited under a will or trust that was executed prior to marriage. The law provides for the ...
Read MoreTo continue our blog on the Estate of Redfield (193 Cal. App. 4 th 1526 (2011)), Nancy Horan (petitioner and appellant) appealed the trial court's decision to reopen the final judgment of the probate ...
Read MoreThe majority of people who do estate litigation seek to avoid probate. In fact, part of avoiding probate involves having a savvy estate plan. estates must go through probate. Additionally, probate is ...
Read MoreMany people are not quite sure what it means to hold property in "joint tenancy." You may hold real property (real estate) and personal property like bank accounts, cars or investments in joint ...
Read MoreA task force comprised of officials from several states have discovered that insurers have failed to payout to beneficiaries over $1 billion worth of life insurance benefits over the last few decades. ...
Read MoreWhen your loved one passes away without designating a beneficiary for their life insurance policy or the beneficiaries preceded them in death, what happens now? If the decedent had not completed a ...
Read MoreWhen your loved one passes away, and leaves a life insurance policy behind, you will have to determine whether or not that policy must be used to pay off the decedent's debts. The easiest way to do ...
Read MoreEven though the federal estate tax was repealed in 2010, a $5 million exemption came back retroactively which is also effective for 2011 and 2012. In 2013, the exemption will decrease to only $1 ...
Read MoreObtaining Life Insurance coverage is often a part of the estate planning process. If you have multiple life insurance policies you may want to consider a Life Insurance Trust. a life insurance trust ...
Read MoreLiving trusts have some disadvantages. These include: Preparation of a living trust oftentimes costs more than a will . However, the difference in costs may not be significant if the will is complex. ...
Read MoreA trust usually involves three parties: the settlor who is the creator of the trust , the trustee or trustees who agree to manage the assets as directed by the terms of the trust , and the ...
Read MoreTo continue our blog on Kucker v. Kucker ((2011) 192 Cal.App.4th 90), Megan Kucker and Bonnie Alexander (trustees, plaintiffs and appellants, respondent) appealed the probate court's order denying ...
Read MoreThe new state budget bill for the next fiscal year has been passed by Governor Jerry Brown, bringing good news for Medi-Cal recipients. As a part of the new legislation, substantial changes are ...
Read MoreFor the last portion of our blog on payable on death or totten trust accounts (a form of trust in the U.S. in which a settlor places money in a bank account or security with instructions that upon the ...
Read MoreTo continue our blog on the Estate of Gardner, the guardian of the Decedent's daughter (on behalf of her daughter ) filed an opposition to the petitioner's and appellant's petition in February 2009. ...
Read MoreIn Flowers v. Dancy, the Court of Appeals affirmed the trial court's ruling and central finding that Andre is prohibited from attacking the forged deed to McIntyre due to the unclean hands doctrine. ...
Read MoreAdditional duties and responsibilities of the personal representative are as follows: Insurance. The California personal representative is required to obtain and maintain adequate insurance covering ...
Read MoreAdditional duties and responsibilities of the personal representative include: Inventory the Estate Property. The personal representative must locate and take possession of all the decedent's property ...
Read MoreUpon the court's appointment, the personal representative becomes an officer of the court and takes on certain duties and responsibilities. These duties and responsibilities include: Managing the ...
Read MoreI've seen a lot of odd decedent requests written into their wills, but the following will provision is one of the strangest I've recently read about. Georgia Dvorak of the Chicago area was a lover and ...
Read MoreHow can a dog be a millionaire? With the recent trend of pet trusts as part of the estate litigation process, some dogs have been able to "inherit" substantial wealth. The latest class of pet ...
Read MoreTo continue our blog on Kucker v. Kucker ((2011) 192 Cal.App.4th 90), Megan Kucker and Bonnie Alexander (trustees, plaintiffs and appellants, respondent) appealed the probate court's order denying ...
Read MoreA general assignment of assets, as the name implies, transfers ownership of a wide variety of personal assets. This is typically used by estate planners to transfer all types of financial instruments ...
Read MoreMichael Jackson set up the Michael Jackson Family Trust which will leave his three children with a $33 million trust fund each - but they won't be able to completely access their money until they are ...
Read MoreA Power of Attorney is a legal document which designates another individual to act on your behalf should you be unable to do so due to physical or mental incapacitation. A Power of Attorney can give a ...
Read MoreIn the Academy Award nominated film, The Descendants, the main character played by George Clooney must deal with not only handling his personal family issues, but also must contend with several major ...
Read MoreSo, you've found yourself named as the acting agent under general durable power of attorney. Here are a few simple guidelines to help you understand and carry out the duties required of you under this ...
Read MoreA Private Letter Ruling (PLR) is a written response by the Internal Revenue Service (IRS) to a taxpayer's request for information. A PLR can be used by a taxpayer for guidance on whether to take ...
Read MoreStarting in April 8, 2013, the Los Angeles Superior Court (LASC) consolidated its probate divisions in an effort to save between $55 million and $85 million for the 2013-14 fiscal year. All probate ...
Read MoreNot all property go through probate . Assets that are part of a person's "non-probate estate" can be distributed outside the probate process. Life insurance or retirement benefits such as IRA's ...
Read MoreIn California, the personal representative and the attorney for the personal representative are allowed to take a statutory fee for ordinary services. The fee is calculated as a percentage of the ...
Read MoreThe Estate of Will exemplifies one of the exceptions precluding a surviving spouse who was omitted from an existing testamentary instrument from receiving a share in his or her deceased spouse's ...
Read MoreIn the People v. Runyan, the trial court convicted Runyan of gross vehicular manslaughter and ordered him to pay Benge's (victim) estate restitution damages of approximately $450,000. Runyan appealed ...
Read MoreThe majority of people who do estate litigation seek to avoid probate. In fact, part of avoiding probate involves having a savvy estate plan. estates must go through probate. Additionally, probate is ...
Read MoreAs we mourn the loss of a great actor who moved us with his performance as Mafia boss Tony Soprano in "The Sopranos", we also take this opportunity to look at the tax ramifications of his estate ...
Read MoreAnother estate litigation technique is an installment sale of income producing property to a grantor trust. A grantor trust, under the provisions of the Internal Revenue Code, is a trust that is not ...
Read MoreA gifting strategy that allows a couple to take advantage of the gift tax exemption while retaining access to the funds is the Spousal Lifetime Access Trust (SLAT). The SLAT is an irrevocable trust ...
Read MoreAnother estate litigation technique is an installment sale of income producing property to a grantor trust. A grantor trust, under the provisions of the Internal Revenue Code, is a trust that is not ...
Read MoreA Private Letter Ruling (PLR) is a written response by the Internal Revenue Service (IRS) to a taxpayer's request for information. A PLR can be used by a taxpayer for guidance on whether to take ...
Read MoreOften in the waning years of people’s lives, they may become susceptible to fraud or abuse. Also, family issues can be difficult to work out, especially after you have all lost someone close to you. ...
Read MoreTo continue our blog on Diaz v. Bukey (195 Cal.App.4 th 315 (2011)), Marie L. Bukey (trustee, defendant and appellant) appealed the trial court's decision denying the petition to compel arbitration. ...
Read MoreArbitration is a resolution technique in which a dispute is resolved by an impartial adjudicator outside the court system; and wherein the parties to the dispute agree to be bound by the adjudicator's ...
Read MoreTo continue our blog on Diaz v. Bukey (195 Cal.App.4 th 315 (2011)), Marie L. Bukey (trustee, defendant and appellant) appealed the trial court's decision denying the petition to compel arbitration. ...
Read MoreArbitration is a resolution technique in which a dispute is resolved by an impartial adjudicator outside the court system; and wherein the parties to the dispute agree to be bound by the adjudicator's ...
Read MoreTo continue our blog on Fiduciary Trust International of California v. Superior Court, Betty Brown (decedent), changed her will after Willet's death. Instead of leaving the majority of Betty's assets ...
Read MoreOften in the waning years of people’s lives, they may become susceptible to fraud or abuse. Also, family issues can be difficult to work out, especially after you have all lost someone close to you. ...
Read MoreOne of the most common reasons to hire a trust litigation attorney is to have legal guidance and assistance with the administration of the trust after the death of a loved one. Wills, trusts and the ...
Read MoreArbitration is a resolution technique in which a dispute is resolved by an impartial adjudicator outside the court system; and wherein the parties to the dispute agree to be bound by the adjudicator's ...
Read MoreTo continue our blog on Diaz v. Bukey (195 Cal.App.4 th 315 (2011)), Marie L. Bukey (trustee, defendant and appellant) appealed the trial court's decision denying the petition to compel arbitration. ...
Read MoreArbitration is a resolution technique in which a dispute is resolved by an impartial adjudicator outside the court system; and wherein the parties to the dispute agree to be bound by the adjudicator's ...
Read MoreContinuing our blog on Straley v. Gamble; Steven Straley (decedent's son; plaintiff and appellant) appealed the trial court's ruling stating that Steven's petition was time-barred by Probate Code ...
Read MoreImagine a typical scene at your household during the holidays. It probably includes just about your entire family gathered around one table – two if you have young children in your family tree – ...
Read MoreA living trust or an inter vivos trust is an estate litigation tool that enables the creator of the trust to transfer assets to beneficiaries without going through probate . It is a written agreement ...
Read MoreAmerican musician Lewis Allan "Lou" Reed, the front man for the 1960s band The Velvet Underground, left majority of his $15 million estate to his wife, Laurie Anderson. Reed, who underwent a liver ...
Read MoreGlenn Neasham, an insurance agent by trade, sold an Allianz MasterDex 10 annuity to Fran Schuber, an 83-year old woman. The MasterDex 10 annuity was approved for sale by the California Department of ...
Read MoreThere are instances when a will has been revised to change the distribution of assets amongst beneficiaries. Some of these wills may have a no-contest clause that would prevent anyone from contesting ...
Read MoreTo continue our blog on Hernandez v. Kieferle, Claudine appealed the probate court's judgment invalidating the 2008 amendment and confirming the Hernandezes as Gertrude's successor trustees. Claudine ...
Read MoreA no-contest clause or an "in terrorem" clause is a provision in a testamentary instrument that is meant to discourage beneficiaries from disputing a will . This clause is typically used to threaten ...
Read MoreWe continue our blog on the Estate of Trikha, which is about a father who executed a will three weeks before committing suicide. Satish Trikha's will made provisions for all his children, including ...
Read MoreThere is a presumption under Probate Code section 6124 that the testator (a person who makes a will ) destroyed the will with the intent to revoke it where the will was last in the testator's ...
Read MoreImagine a typical scene at your household during the holidays. It probably includes just about your entire family gathered around one table – two if you have young children in your family tree – ...
Read MoreAmerican musician Lewis Allan "Lou" Reed, the front man for the 1960s band The Velvet Underground, left majority of his $15 million estate to his wife, Laurie Anderson. Reed, who underwent a liver ...
Read MoreA no-contest clause or an "in terrorem" clause is a provision in a testamentary instrument that is meant to discourage beneficiaries from disputing a will . This clause is typically used to threaten ...
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