An important estate planning tool for parents with minor children is the Nomination of Guardian. This allows a client to exert some control over who will care for their children and their children’s assets if the parent is no longer able to do so. Some attorneys...
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Navigating Homeownership for Non-Married Couples: Key Considerations and Strategies
In today’s housing market, more and more non-married couples are deciding to purchase homes together. Whether due to rising housing costs or the desire to build a shared future, co-owning property can be a rewarding but complex undertaking. Unlike married couples,...
Is There A Power of Attorney that a Parent Can Execute for Care of Their Minor Child?
The answer is yes. I recently researched this issue when a friend that is a single parent of two teenagers whose job requires her to be out-of-state often had to scramble to get someone to physically get her children from the hospital. One child was injured and...
Can My Attorney Tell Me My Estate Planning Idea is Bad?
Short answer, yes. And your attorney has a duty to tell you that it is a bad idea. This can be an uncomfortable conversation with my clients when they want to place certain requirements on a distribution to a beneficiary that I know is going to be impossible to...
Avoiding the Pitfalls: Three Critical Mistakes That Undermine an Estate Plan
Crafting a solid estate plan is essential to ensuring your wishes are fulfilled and your loved ones are provided for after you’re gone. However, even the most well-intentioned plans can unravel if critical details are overlooked. Below, we explore three common...
Do I Have to Personally Pay My Parent’s Expenses?
The short answer to the question of whether you are legally obligated to support your parents is “probably not.” While California does have a filial law, it is rarely enforced. Filial laws are also known as filial support laws which require adult children to...
Navigating the Holidays: Discussing Estate Planning and Nominating Guardians for Minor Children
I love the holidays, it’s a time to gather and connect with friends and family. Since I had my first child 17 years ago, I’ve used this time to mentally review whether or not the guardians I choose for my children still make sense. I am sure you are eagerly...
Who Can Contest the Terms of My Trust?
I occasionally discuss with my clients the issue of someone “fighting” their trust. This usually is where there is an estranged child or other family member, and the clients are concerned about cost and delay of litigation after their death. The clients will ask...
Navigating Difficult Conversations: Talking to Older Parents About Incapacity
I’ll be honest, the best way to discuss these issues with my own mother was over a bottle of champagne. But, we got through it and had some laughs and some tears. As our parents age, we're often faced with difficult conversations about their future health care needs,...
You Thought You Were Just a Trustee? Nope, You Are Also a Landlord.
If you are serving as a trustee, executor, administrator, guardian or conservator and rental property is part of the estate, you may be subject to additional reporting requirements starting in 2025. Assembly Bill 2747 adds Civil Code Section 1954.07 which requires...