Trust Attorney Fees

Trust Attorney Fees – Trustees have the power to employ attorneys, accountants and other professionals for a variety of reasons related to the trustee’s duties in administering the trust.  Let us examine the issue of paying attorney fees in various contexts. The general rule in California is that,” [t]he trustee has the power to pay […]

posted on: February 23, 2016

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Corrections Article Regarding First Party Special Needs Trusts.

Corrections Article Regarding First Party Special Needs Trusts – Much to my dismay, I have learned that my article, “ Upheaval In the World of First Party Special Needs Trust,” published in December, 2015, contained several items of misinformation.  This article makes necessary corrections concerning SSI and estate recovery and regarding certain payments that indeed […]

posted on: February 3, 2016

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Special Guardianships for Special Juvenile Immigrants

Under US federal immigration law certain juvenile aliens (which means persons under age 21) who have been declared dependent on a juvenile court can petition to become lawful US permanent residents. Special immigrant juveniles are undocumented juveniles who do not live with their parents, cannot be reunited with their parents due to abuse, neglect or […]

posted on: January 25, 2016

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Conservatorships and Right to Vote

The right to vote in an election is a fundamental right of every citizen.  When a person is conserved that right can be taken away if the court determines that the person lacks the capacity to vote.  Beginning January 1, 2016, the legal standard for determining one’s capacity to vote in California has changed.  Let’s […]

posted on: January 25, 2016

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Trustees, Special Trustees, and Trust Protectors:

  Persons entrusted with the operations of a Trust must be very carefully selected as Trustees are not usually subject to court supervision (unlike executors in court supervised probates). Trustees, and Special Trustees and Trust Protectors are the persons entrusted with the proper implementation of a Trust in a managerial or oversight capacity.  Anyone establishing […]

posted on: December 31, 2015

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Reformation of Wills.

Things don’t always go the way we expect them to, either in life or in death.  It is, therefore, important that a person’s trust or will have good contingency planning provisions in place to address future changes in circumstances which might possibly occur.  If not, under new case law one can expect litigation by competing […]

posted on: December 15, 2015

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Understanding Joint Tenancy

Understanding Joint Tenancy – Joint tenancy with right of survivorship, and more recently community property with right of survivorship, is often used by people who are not fully aware of the ramifications involved.  Let’s discuss. Generally speaking, title to important assets — including one’s residence — is not taken in joint tenancy with anyone other […]

posted on: November 16, 2015

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Tax Free Savings for the College and Disability Needs of the Blind and Disabled.

On January 1, 2016, many blind and disabled residents of California will become eligible to establish tax free accounts under the Achieving a Better Life Experience Act of 2014 (“ABLE Accounts”) to save for future educational and disability related expenses.  ABLE accounts extend the benefits of 529 college savings plans to disabled persons to include […]

posted on: October 26, 2015

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New Transfer on Death Deed California Law

On January 1, 2016, a recently signed California law will allow revocable Transfer on Death Deeds (“TOD deeds”) to be recorded in California. Let us examine the TOD deed and where it is most likely to be appropriate. The TOD deed is a revocable beneficiary deed, involving the gift of a residence, which is signed, […]

posted on: October 12, 2015

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FEMA Assistance and the Valley Fire.

FEMA Assistance and the Valley Fire – Many who lost homes in the Valley Fire need assistance to replace lost income, to make repairs, and to cover other expenses incurred due to the fire. On September 23, 2015, the President declared Lake County to be a federal disaster area. Now Valley Fire victims can apply […]

posted on: September 28, 2015

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