Marriage and Elder Abuse

In my prior article, “The Confidential Marriage”, I discussed how confidential marriage licenses can be abused by predators to prey upon an elderly person without the elder’s family knowing what has occurred until it is too late.  What can be done to prevent such abuse of marriages?  Let’s discuss. Unfortunately there are no criminal sanctions […]

posted on: March 2, 2015

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Probate Homestead & Family Allowance.

When a provider dies his or her surviving spouse (or registered domestic partner) and/or minor children can soon find themselves without the necessary resources to maintain themselves in their accustomed manner of living.   Under California law these persons have entitlements regarding a place to live, the use of certain personal property, and a family allowance.  […]

posted on: February 19, 2015

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The pitfalls of do it yourself estate planning.

          Some people choose to prepare their own estate planning documents using “do it yourself” estate planning programs in order to avoid attorney fees.  Having administered some wills and trusts that were so drafted by now deceased laypersons I can provide some observations regarding possible pitfalls.            Having a trust that is […]

posted on: January 26, 2015

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Preserving the Family Legacy

          Some people wish to pass down more than just their material wealth to their surviving descendants.  They also wish to transfer their important values, life experiences and family traditions.  All of which can help to shape the character and lifestyles of their descendants.  Let us consider how such goals can be […]

posted on: January 26, 2015

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The Confidential Marriage

          The elderly and sick people who live alone and are isolated are unfortunate targets for predators who befriend them, become caregivers, and insinuate themselves into the elderly person’s estate.  Accordingly, California law presumes that certain gifts by elderly persons — 65 and over — to their unrelated caregivers, are the result […]

posted on: January 26, 2015

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The Character of Assets

Whether assets are community property (belonging equally to both spouses, separate property (belonging wholly to one spouse) or mixed (partially separate and partially community) is an important issue when a marriage ends at death or divorce.  Let us consider some examples involving life insurance, retirement plans and home purchases where the lines can get blurred. […]

posted on: January 26, 2015

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Is Something Missing?

            Is something missing in your estate plan?  Do the documents that you rely upon still serve you and your loved-ones?  There are certain recurring estate planning short comings to be aware of.  Let’s discuss some important ones.             In the event of incapacity is the power of attorney and living […]

posted on: January 26, 2015

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Lake County Land Trust – 20 years on.

          Twenty years since its creation, the Lake County Land Trust (“LCLT”) is going strong in its vital mission, “… to protect the unique and valuable wildlife habitats in Lake County, particularly on Clear Lake.”   Let’s examine the LCLT’s successes, its ambitious new project, and how you can participate and contribute.           […]

posted on: January 26, 2015

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Protecting a Minor’s Inheritance

            Leaving an inheritance outright to a minor raises various concerns.  Let us consider some important concerns and possible solutions.             A frequent concern is that anything left to a minor may be taken away and used by a self-serving parent.  For example, consider a couple who names their now single […]

posted on: January 26, 2015

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Estate Planning and the Estranged Child(ren).

          Parents and children each have expectations of one another.  Unfortunately, life does not always meet expectations and may lead to parents and child(ren) becoming estranged from each other.  Estrangement often leads to the unhappy parent disinheriting their estranged child(ren).  Why do these unfortunate situations come to pass?  What usually happens?  What […]

posted on: January 26, 2015

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