As attorneys, we are trained to anticipate risk and protect our clients from uncertainty. Yet many of us fail to apply that same diligence to our own practices. Succession planning is not just a professional courtesy—it’s a…
more
/ Law Practice Products & Services, Wills, Trusts, & Estate Planning
The numbers are disturbing. Elder abuse—especially financial exploitation—is all too prevalent and is a serious concern in estate planning and probate litigation. Whether it’s a caregiver manipulating a vulnerable senior or a…
more
/ Civil Remedies, Wills, Trusts, & Estate Planning
The legal saga surrounding the estate of Dr. Laura Dean Head—a respected professor at San Francisco State University—is a powerful example of how undue influence and disinheritance can put an estate at risk and take years to…
more
/ Wills, Trusts, & Estate Planning
Disinheriting someone from an estate is a big decision, one that requires careful consideration and precise legal drafting to avoid ambiguity, disputes, and delays. Estate planners should avoid generic clauses and embrace…
more
/ Wills, Trusts, & Estate Planning
In California estate and trust litigation, attorneys often face a choice and must carefully evaluate whether to assert undue influence, lack of capacity, or both, depending on the facts and available evidence. Here are some…
more
/ Wills, Trusts, & Estate Planning
In California estate and trust litigation, powers of attorney (POAs) are often central to disputes involving financial elder abuse, asset misappropriation, and breach of fiduciary duty. While POAs are intended to protect…
more
/ Civil Remedies, Wills, Trusts, & Estate Planning
The Alzheimer’s Association says that more than 55 million people are living with dementia worldwide. In the United States the figure for Alzheimer’s alone is nearly 7 million, on pace to hit 13 million by 2050. We all know…
more
/ Family Law, Health, Wills, Trusts, & Estate Planning
Before shifting my practice from estate planning to estate litigation, I witnessed up close the challenges and frustrations associated with the California probate process. That has changed for many Californians. Assembly Bill…
more
/ Real Estate - Residential, Wills, Trusts, & Estate Planning
It was a heartfelt move by a high-profile person. Renowned comedian and former talk-show host Jay Leno took significant steps to ensure the well-being of his wife, Mavis, who has dementia, should he die before her. Unable to…
more
/ Family Law, Health
Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native…
more
/ Family Law, Real Estate - Residential
A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was insufficient…
more
/ Civil Procedure, Wills, Trusts, & Estate Planning
The recent passing of legendary actor Gene Hackman, 95, and his wife, Betsy Arakawa, 65, within days of each other in their Santa Fe, New Mexico, home underscores the importance of contingency planning and other factors in…
more
/ Health, Wills, Trusts, & Estate Planning
California’s Assembly Bill 2016 – which goes into effect April 1 – introduces significant positive changes to the probate process, particularly for primary residences. The law raises the value threshold for primary residences…
more
/ Real Estate - Residential, Wills, Trusts, & Estate Planning
Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for expensive…
more
/ Alternative Dispute Resolution (ADR), Family Law, Wills, Trusts, & Estate Planning
Why do estate planners — traditionally non-litigating attorneys — sometimes end up in litigation?
The mindset of an estate planner is about helping people. You work to help clients make and carry out major life decisions,…
more
/ Civil Procedure, Professional Malpractice, Wills, Trusts, & Estate Planning