Using Life Estates to Protect Property and Avoid Reassessment

Proposition 13 has allowed many homeowners and other property owners to perpetuate low historical assessments for years or generations using the interspousal exclusion and parent-child (or grandparent-grandchild) exclusion from a change in ownership at death. Rev & T C §§63, 63.1. These property tax opportunities are an important part of California estate planning, and life estates play an important role in making it work. Continue reading

How to Make Name and Gender Marker Changes

thinkstockphotos-494028256It’s often a problem for transgender people that their government documents (e.g., driver’s license, Social Security record, passport) don’t match their name and gender. Having updated documents is important for employment, government benefits, and even safety. An incorrect document can “out” a transgender person at a dangerous moment. Here’s what you need to know about making name and gender marker changes. Continue reading

Getting a Gun Violence Restraining Order

According to an alarming 2014 FBI study, nearly 68% of homicides involved the use of ThinkstockPhotos-506101244firearms, with over a quarter of victims killed by a family member. From these numbers alone, it’s clear to see the urgency of a client’s situation if he or she says a family member may resort to violence. One way to protect your client is to seek a gun violence restraining order.

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First Steps for a Conservator

elderly_106586892Your client has just been named conservator over someone suffering from dementia as well as over his or her estate. There will be much to do, but some first steps should be taken right away. Continue reading

5 Things to Know About CA’s Aid-in-Dying Law

ThinkstockPhotos-465022009Effective June 9, 2016,  the End of Life Option Act (Health & S C §§443-443.22) makes California the fifth state in the nation to allow physicians to prescribe medications to end the lives of their terminally ill patients. As expected, the Act has many requirements built into it to address the concerns of its opponents. Continue reading

Bound to Arbitrate Nursing Home Litigation?

Senior woman in a nursing homeWhen is a personal representative bound to arbitrate claims against a nursing home? The answer depends on the nature of the claim, as illustrated in a recent case. Continue reading

New Law Resolves Jurisdiction Issues for Conservators

elderly_92034396We 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

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