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
Read MoreWhether 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
Read MoreIs 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
Read MoreTwenty 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
Read MoreLeaving 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
Read MoreParents 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
Read MoreThere are often particular assets in one’s estate which may require special consideration either due to its nature, value, or significance. Let us consider some types of special assets and how they might be handled. Businesses that require a license or special expertise will require that a special trustee […]
posted on: January 26, 2015
Read MoreParents with dependent adult children with disabilities or mental illnesses are naturally concerned about who will care for their children when they can no longer do so themselves. Dependent children, after all, often live at their parents’ home, receive substantial personal care and financial assistance from their parents and rely on their parents to […]
posted on: January 26, 2015
Read MoreIs a residuary clause necessary in a will or trust? Yes, both a will and a trust should always contain a residuary clause in addition to any specific bequest clauses. The bulk of a decedent’s estate, if not all of it, typically passes according to the terms of the decedent’s testamentary residuary clause. Let […]
posted on: January 26, 2015
Read MoreAn Individual Retirement Account (“IRA”) that is inherited by a designated death beneficiary will not be treated as a retirement account exempt from the beneficiary’s creditors inside a bankruptcy. So decided the US Supreme Court on June 12, 2014, in Clark et ux v. Rameker. Let us review the benefits of retirement accounts and what […]
posted on: January 26, 2015
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