Posted on January 6, 2016 by Kate Sheppard
We live in a mobile society, and conservatees are no exception. For example, an elder may have multiple residences, living in an out-of-state vacation home part of the year or moving among family members in various states. Or the child of a conserved parent may move to a new state, taking the parent along. And when there’s conflict, a parent may be taken from California to another state to be conserved beyond the reach of other relatives. In these situations, jurisdictional problems can leave families and attorneys uncertain of where and how to proceed. Luckily, a new law aims to resolve these issues. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, New Legal Developments | Tagged: California Conservatorship Jurisdiction Act, conservatorship, jurisdiction, Uniform Adult Guardianship and Protective Proceedings Act | Leave a comment »
Posted on December 14, 2015 by Robert Denham, Esq
Probate avoidance is a primary consideration for estate planners and their clients. A revocable trust is usually the vehicle of choice for making nonprobate transfers, but alternatives have always existed for personal property such as cash in the bank, retirement plan benefits, and brokerage accounts. For real property, no such vehicle existed. Until January 1, 2016, that is. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, New Legal Developments | Tagged: avoiding probate, probate, recovable trusts, revocable transfer on death deeds | Leave a comment »
Posted on April 13, 2015 by Julie Brook, Esq.
When 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
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: accounting, conservator, CPA, fiduciary, fiduciary duty, guardian, personal representative, trustee | Leave a comment »
Posted on April 1, 2015 by Robert Denham, Esq
Posted on March 18, 2015 by Julie Brook, Esq.
When 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
Filed under: Elder Law, Estate Planning, Legal Topics, Videos | Tagged: accountants, conservators, CPAs, fiduciaries, fiduciary accounting, guardians | 3 Comments »
Posted on March 13, 2015 by Julie Brook, Esq.
When 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
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: Estate Planning, incapacity, incompetence, settlor, testator, undue influence, video recording, will contest, will dispute, wills and trusts | 1 Comment »