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...
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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...
Can My Disabled Adult Child Receive Social Security Disability Income?
There are many benefits available to disabled children and my clients who are parents with disabled children are eager to find the best benefits. We always discuss Supplemental Security Income (SSI) benefits for the disabled child once they are 18 and the limitations...
Court-Ordered Blocked Accounts – Any Bank Takers?
I have several matters where the cash assets in the estate, conservatorship, guardianship or trust are ordered to be placed in an account that is blocked from any funds being withdrawn without a court order. The benefit of this arrangement is that the court may not...
Yes, Under Certain Circumstances, You Are Required to Have an Attorney Represent You in Probate Proceedings
Of course, we always recommend having an attorney represent you in a probate proceeding given all the written and unwritten rules and procedures in probate proceedings. While it costs to have an attorney, it is worth it to get the process done correctly and as quick...
What’s coming your way in 2024: Corporate Transparency Act – Beneficial Ownership Information Reporting Requirements
By now, many of us have already heard about the Beneficial Ownership Information (“BOI”) reporting requirements that are going live on January 1, 2024, and will become a concern for a vast majority of business owners, business entities, and people having substantial...