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

Questions to Ask Before Hiring a Professional Trustee

ThinkstockPhotos-142081160Your 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

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

How to Amend a Trust

ThinkstockPhotos-97050627When 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

Cupid’s Arrow Strikes Lover in the Wallet

ThinkstockPhotos-505650276Revenge is a dish best served cold. In a recent case, a disenchanted suitor not only sued to recover gifts he made to his former lover but also reported those gifts to the IRS as income payments! See Diane Blagaich, TC Memo 2016–2. Continue reading

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