Is a trustee liable to a beneficiary for a lost opportunity when the trustee does not distribute money to the beneficiary that the beneficiary could have invested? That essentially was the primary legal issue confronting the California Court of Appeals, Second Appellate District in Williamson v. Brooks (7 Cal. App. 5th 1294). In Williamson a […]
posted on: December 14, 2017
Read MoreHome and Community Based Services (HCBS) – also known as Medi-Cal Waiver programs — provide services and supports to allow Medi-Cal beneficiaries who would otherwise require nursing home care to stay at home. A person must, therefore, first qualify for community based Medi-Cal before Medi-Cal will pay for HCBS programs. Community Based Medi-Cal is a […]
posted on: November 29, 2017
Read MoreAs elderly parents find it increasingly burdensome to manage their assets and finances independently they often turn to a trusted child to assume some or all management responsibilities for their assets and finances. Let us discuss. An important threshold issue is whether the parent will keep either some or total control of his or her […]
posted on: November 15, 2017
Read MorePeople expect scary stories at Halloween. Below are some stories involving estate planning blunders that might give you a shiver. Let us see what lessons can be drawn before it’s too late. What happens when a person’s out dated estate planning documents are preserved but the current estate planning documents are missing? Consider a decedent […]
posted on: November 1, 2017
Read MorePosthumous Firearms Estate Planning Planning for all aspects of posthumous distribution is imperative within your estate planning. California Gun Laws Compared with most other states, California has restrictive gun laws. When relocating to California, persons must register their firearms with the California Department of Justice, Bureau of Firearms. A $19 fee is required. Also, handguns […]
posted on: October 19, 2017
Read MoreWith fires destroying homes and their contents it begs the question, what happens if a person’s estate planning documents go up in flames? How important is it to preserve the original documents? Where should these documents be kept? A decedent’s original will is required to commence probate. Without the original it may be difficult to […]
posted on: October 16, 2017
Read MorePowers of Attorney allow one as Principal to authorize and empower an Agent (Attorney-In-Fact) to act on their behalf within the scope of authority provided in the Power of Attorney, and the law. A person who executes a Power of Attorney does well to anticipate the foreseeable obstacles which their Agent may encounter when the […]
posted on: October 2, 2017
Read MoreWhen you consider estate planning, you usually think about the “big picture”. Doing so, helps to ease the burden on your surviving loved ones of managing your estate after you die. However, to ensure the overall success of your estate plan, you will want not to overlook certain possible situations that might arise. A qualified […]
posted on: September 26, 2017
Read MoreServing as an executor of a will or as an administrator of an estate with no will can be a complicated and demanding responsibility. This is especially true for someone working as an executor or an administrator for the first time. Many legal responsibilities are imposed upon a person who is administrating an estate. In […]
posted on: September 26, 2017
Read MoreBanks and Credit Unions are required to report both known and reasonably suspected cases of financial elder abuse, when such cases present themselves within the scope of banking activities (section 15630.1 of its Welfare and Institutions Code). Reports are made either to Law Enforcement or Adult Protective Services immediately, or as soon as possible. California […]
posted on: September 18, 2017
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