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So, You’re the Trustee of an Estate…Now What?

An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility...more

Governor Gavin Newsom Signs Sweeping Conservatorship Reform Bill

On September 30, 2021, Governor Gavin Newsom signed California AB 1194 amending numerous statutes pertaining to conservatorships. The following are highlights: Internet Posting of Fees of Licensed Professional...more

Don’t Skimp On The Facts – Failure Of Fiduciaries To Make Full Disclosure Of Matters Set Forth In An Accounting May Be Considered...

In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS 737, the Court of Appeal for the Second Appellate District, Division Five, determined that a former conservatee who discovered that certain transactions...more

Bringing Down The Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting

As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when...more

But I’m Too Young To Have A Will!

Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate. Even those in their later years might find it a difficult topic...more

Lest We Forget, Conservatees Have Personal Rights

Conservatorship proceedings are commenced for a variety of reasons, but the most common circumstance is when an elderly person requires assistance, either with their medical care, or their financial affairs, or both, and that...more

With Right Of Survivorship – Or Perhaps Not?

In advising clients regarding the rights afforded to joint tenants on a bank account, most practitioners would say that the agreement with the financial institution generally would control, with the surviving joint tenant...more

Shall We Check His Text Messages? The Growing Trend of Creating Wills In The Digital Age

In 2018, the Michigan Court of Appeals determined that an electronic note a decedent typed into his cell phone qualified as his last will and testament under Michigan law. The Tennessee Court of Appeals ruled that a will...more

There’s No Place Like Home – Heightened Evidentiary Standard For Moving Conservatees From Their Personal Residence

Frequently when a conservatorship proceeding is commenced, the proposed conservatee is residing in his or her personal residence. Having a conservatorship established can be a distressing experience for a conservatee who has...more

11/13/2019  /  Conservators , Estate Planning , Probate
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