Posted on September 12, 2016 by Robert Denham, Esq
State law changes enacted in 2010 have restricted the enforceability of no-contest clauses. Under Prob C §§21310–21311, a typical no-contest clause providing that an unsuccessful contestant gets nothing from an estate or trust is enforceable only against a “direct contest” brought without probable cause on specified grounds. And even if it is enforceable, a no-contest clause may not be an effective deterrent if the beneficiary thinks the amount at stake is outweighed by the benefit of a successful contest. Continue reading →
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Filed under: Estate Planning, Legal Topics | Tagged: beneficiaries, contesting a will, estate document drafting, heirs, no contest clause, will contest, will drafting, wills and trusts | Leave a comment »
Posted on August 15, 2016 by Julie Brook, Esq.
Your 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 →
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Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: conservator, conservatorship, dementia, elder care, incapactity | Leave a comment »
Posted on June 20, 2016 by Robert Denham, Esq
Ever wanted to start a business using a retirement plan? There’s a way to roll over plan benefits into a new business without paying taxes and penalties, but you have to be careful. Two recent cases illustrate how not to do it. Continue reading →
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Filed under: Legal Topics, Estate Planning, Business Law | Tagged: Individual Retirement Account, IRA, new business, starting a business, business financing, start-up, retirement plan, IRA rollover | Leave a comment »
Posted on June 10, 2016 by Julie Brook, Esq.
Effective 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 →
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Filed under: Elder Law, Estate Planning, Legal Topics, New Legal Developments | Tagged: aid-in-dying, End of Life Option Act | 2 Comments »
Posted on May 16, 2016 by Julie Brook, Esq.
Your client, as settlor, creates a special needs trust set up for a child or grandchild and needs a professional trustee to administer it. Before hiring a potential trustee, the client should determine whether he or she is personally and philosophically compatible with the professional who will actually be managing the trust. You should ask the following questions about the trustee’s background, investment strategy, fees, and management style. Continue reading →
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Filed under: Estate Planning, Legal Topics | Tagged: disabled children, professional trustee, special needs trust, trustee | Leave a comment »
Posted on April 25, 2016 by Robert Denham, Esq
When 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 →
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Filed under: Elder Law, Estate Planning, Legal Topics, New Legal Developments, Tort Law | Tagged: arbitration, arbitration agreements, elder abuse, nursing homes, wrongful death | 2 Comments »
Posted on March 9, 2016 by Julie Brook, Esq.
When drafting a revocable trust, your clients may be very keen to include a particular niece or cousin, but then have a change of heart years later and want to write them out. As long as the trust allows it, you can simply amend the trust for them instead of revoking it and starting fresh. Here’s how. Continue reading →
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Filed under: Estate Planning, Legal Topics | Tagged: amending a trust, changing trust beneficiary, living trust, restating a trust, revocable trust, wills and trusts | 3 Comments »
State law changes enacted in 2010 have restricted the enforceability of no-contest clauses. Under Prob C §§21310–21311, a typical no-contest clause providing that an unsuccessful contestant gets nothing from an estate or trust is enforceable only against a “direct contest” brought without probable cause on specified grounds. And even if it is enforceable, a no-contest clause may not be an effective deterrent if the beneficiary thinks the amount at stake is outweighed by the benefit of a successful contest. Continue reading 
