Unfortunately, elder abuse is a much more rampant problem than we’d like to admit. In fact, studies show that approximately 10 percent of Americans aged 60 or over have experienced some form of elder abuse.
For attorneys with older or at-risk clients, it’s important to keep in mind the different protective orders available and to select the most appropriate order to ensure your client’s ongoing safety and welfare.
An increasingly important issue in estate planning is how to handle a decedent’s digital assets, e.g., email and social media accounts, digital files and photographs stored in the cloud. Here’s what to do.
In addition to the natural fear of becoming incapacitated, some people hesitate to sign an Advanced Health Care Directive (AHCD) because they worry it will take away their power to make decisions. Here are some facts to allay those fears. Continue reading
Most people wouldn’t think twice before helping their parents financially. In fact, partially due to baby boomers’ inadequate retirement planning, 20 percent of surveyed millennials provide financial support to their parents. As Buck Wargo explains in his blog post, most millennials give this help gladly. But they may also be legally required to do so. Continue reading
Although most attorneys never get involved with probate administration outside the United States, you might encounter practical problems if your client, who’s a California domiciliary, dies abroad. Continue reading
Pets play an important part in the lives of many people, and pet owners often want to arrange for the financial support and care of their animals after the owner dies. To make this happen, the best option is usually to include specific provisions in a trust. Continue reading
California has a statutory scheme for the right to control disposition of the remains of a deceased person (Health and Safety Code §§7100–7117), but if you or your client wants to have this control, you need to put it in writing. Continue reading
The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) (Welf & I C §§15600–15675) provides enhanced remedies for “financial abuse” that results in a loss of property of someone over age 65. This can get complicated because the property interests of elders may not be held in their own name; they often are held in a variety of ownership vehicles for estate planning or business reasons. This raises the question, may the elder sue under EADACPA for injury to those property interests? The answer is, it depends. Continue reading
When the marriage is over, former spouses usually want their property to go somewhere else when they die. At least the revocation-on-divorce statute assumes this is so and renders transfers made to the other spouse null and void. The statute became effective in 2001, but it now looks like it may affect transfers made before then. Continue reading
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