Using Fiduciary Accountings as a Client Management Tool

178406759When representing a fiduciary such as a conservator or personal representative, you’re often dealing with a lay person who may be feeling overwhelmed by unfamiliar responsibilities. One way to bring the situation under control is to use the fiduciary accounting as a client management tool. Here’s how. Continue reading

Trust Property for Cats Sold to Pay for Settlor’s Care

178110810What if the dead hand is still living? A recent trust case prompts the macabre metaphor. Continue reading

Nine Fiduciary Accounting No Nos

GettyImages_178895760When you’re a fiduciary under California’s Probate Code, such as a guardian or conservator, you’ll be required to prepare some type of fiduciary accounting for the court. You’ll probably hire an accountant to crunch the numbers, but ultimately you’re the one responsible for its contents, and you should know the common mistakes and problems that arise in fiduciary accountings. Continue reading

Capacity at Issue? Consider Making a Video

Video_135848805When you’re preparing a will or trust for someone for whom capacity might later be raised as an issue, you have a potentially powerful tool that can help avoid later disputes: video. There’s nothing like a judge seeing a competent person discussing the disposition of his or her estate to knock the wind out of claims of incapacity. Continue reading

Tales of Hoffman: Postmortem Planning for Actor’s Estate

2013-07-catastrophe-122552905The tragic death of actor Philip Seymour Hoffman has given us an opportunity to consider his estate planning, with lessons and strategies for the rest of us. Continue reading

Can Grandma Still Drive?

177249823One of the most difficult concepts to accept for those with some form of “incapacity” is a restriction on their ability to drive. And taking away the car keys from someone else is one of the hardest things to do. Here’s an overview of how California’s DMV deals with driving capacity issues and what to do when an elderly client wants to get the keys back. Continue reading

%d bloggers like this: