Rights Retained by a Conserved Person

Rights Retained by a Conserved Person – A “Conservatorship of the Person” is to protect someone who cannot properly provide for his or her own personal needs for physical health, medical care, food, clothing, or shelter. The court appointed Conservator – often a family member or the local public guardian — is granted powers over […]

posted on: April 27, 2015

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When the Probate Laws of Multiple Jurisdictions Apply.

When the Probate Laws of Multiple Jurisdictions Apply. – Complications arise when administering the estate of a deceased California resident who was once a citizen of a foreign nation or the estate of a deceased non-resident of California who owns real property in California.  Let us discuss. Consider a deceased California resident whose last will […]

posted on: April 13, 2015

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Death with Dignity.

Death with Dignity. –  Many will recall the 29 year old Brittany Maynard who suffered from terminal brain cancer.  Brittany moved from California to Oregon where she chose to end her own life rather than continue in excruciating pain.  The “End of Life Option Act”, presently before the California Senate would allow for terminally ill […]

posted on: March 26, 2015

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What Not to Leave Behind When You Die

The following are real life examples that illustrate problems which could have been avoided if the decedent had planned ahead while alive. Consider the father who died with no Will or Trust leaving behind a predatory girlfriend and a disabled son (heir).  Notwithstanding numerous requests from his family while he was alive, a divorced father […]

posted on: March 16, 2015

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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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