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

Estate Planning Is Not Just for the Rich and Famous

178889857The following is a guest blog post by April E. Frisby of Frisby Law. April is a lawyer in Orange County who practices business and securities transactional law, as well as estate planning. April is also an adjunct law professor at Whittier Law School.

It can be hard to get folks to think about estate planning—especially the younger ones in the beginning stages of their careers. They believe that there will be many changes in their life before end-of-life planning becomes necessary or they think they don’t have enough money to worry about it. Or, perhaps most risky, they think they can just pick up a form at a stationary store or print it from a website and they’ll be all set. Hopefully the following points will help you convince folks that they need your expertise to get an estate plan in place now! Continue reading

What to Do If Your Client Dies

200134581-001You’re litigating a case and your client dies. What do you do? What are your ethical obligations? Continue reading

Bing Crosby’s Estate Wins Publicity Rights Following Fred Astaire’s Footsteps

Bing_Crosby_in_Road_to_Singapore_trailerWhat do Bela Lugosi, Fred Astaire, and now Bing Crosby have in common? Astaire and Crosby appeared together in the film Holiday Inn, but all three have shaped the law on a deceased personality’s right of publicity. Continue reading

Pro and Cons of a Durable Power of Attorney

175660493Every estate plan should consider potential incapacity. In California, one of the primary vehicles used to plan for an individual’s incapacity is a durable power of attorney for financial management (DPOA) (the other is an advance health care directive for health care decisions, see Being Prepared Is Ageless: Everyone Should Have an Advanced Health Care Directive). Let’s look at the pros and cons of using a DPOA.

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The Net, Net Gift That Keeps on Giving (But It’s Risky)

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Good news, bad news. The Tax Court has approved a gift tax avoidance scheme, but there’s a catch. Continue reading

When to Get a Neuropsychologist on the Case

149463035When there are issues involving your client’s capacity or the existence of undue influence, you may want to get a neuropsychologist on the case to perform assessments and/or act as an expert witness. Continue reading

$50 Fee for Lodging Wills May Be Double Trouble for Executors

2013-07-catastrophe-122552905Ever since the graduated probate fee was declared unconstitutional in Estate of Claeyssens (2008) 161 CA4th 465, the legislature has been nickel-and-diming estate planners and their clients with filing fees. Now we have to deal with multiple fees for lodging wills, which used to be free. Continue reading

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