It is always a fun question to ask my clients, especially my younger clients, who they want to have access to their cell phones. Our handheld computers have become the new diary for many, and you may not want certain people to have full access to your “diary” – I am...
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Year: 2024
What is a Supported Decision-Making Agreement?
A new topic in my conversations with proposed conservators is whether a supported decision-making agreement is an option in lieu of filing to be appointed a conservator. As of 2024, the Confidential Supplemental Information form – one of the many court filings for a...
Can A Special Needs Trust Pay for a Trip to Disneyland?
I represent a lot of trustees of special needs trusts (SNT) including court supervised first-party SNTs. My clients who are trustees of first-party SNTs that have been established through a court process have to report every penny that comes and every penny that...
Understanding Trust Administration vs. Probate Process in California: A Brief Comparison
Introduction: Navigating through the legal procedures after the passing of a loved one can be overwhelming, especially when it comes to managing their estate. In California, two primary avenues for estate settlement are trust administration and probate. Both serve the...
The Battle Between Powers of Attorney and Financial Institutions
A big frustration in an estate planning practice involves powers of attorney and getting banks to recognize them. Powers of attorney are important because they are an alternative to a conservatorship and are very helpful in other situations as well. I recommend that...
Love and Marriage and Conservatorship – The Interplay of Conservatorship and the Right to Marry
A conservatee’s ability to get married (or enter into a domestic partnership) is a popular topic that I have discussed with clients on several occasions. It was also an issue in Brittany Spears’ conservatorship. A marriage (or domestic partnership) is a contractual...
Why a Conservatorship May Still Be Necessary When There are Estate Planning Documents
Most of the conservatorships I handle involve an incapacitated person who never executed estate planning documents. But I have a few conservatorship matters where the conservatee had executed a power of attorney, an advance health care directive, or a trust....
My Stepsibling is Now My Sibling When it Comes to Splitting My Parent’s Assets?
The ability for a non-biological “child” to inherit through intestate succession just got easier after two new cases - Estate of Martino (D080846, filed October 18, 2023, Fourth District, Div. One) and Wehsener v. Jerigan (2022) 86 Cal.App.5th. The Martino case...
Understanding California Probate Code Section 16061.7: A Trustee’s Guide
As an attorney specializing in estate planning and probate law, I often encounter clients who are navigating the complexities of California's legal system for the first time. One area that frequently arises is the requirement outlined in California Probate Code...
This is a Very Interesting Situation! – Bailey v. Bailey
Last holiday season, the Second District Court of Appeals gives us the Bailey v. Bailey (B320664, filed October 10, 2023, Second District, Div. Six) case. Unfortunately, George Bailey does not get a wonderful life . . . erh . . . I mean, ending in the holding. George...