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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....
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...
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...
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...
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...
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conservatorship, guardianship or trust are ordered to be placed in an account that is blocked from any funds being withdrawn without a court order.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...
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...
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...
Powers of attorney are an important document in everyone’s estate plan. I tell my clients that everyone over the age of 18 should have both a power of attorney and advance health care directive. With statutory forms available online for a basic power of attorney, it...
Over the recent years, the answer to this question has changed due to new case law that specifically addresses the duty to account when a trust is revocable. An amendment to Probate Code Section 15800 that went into effect on January 1, 2023, that makes it clear who...