News & Analysis as of September 24, 2024

Probate Code

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Dementia Causes Uneasy Balance Between Freedom and Protection

Downey Brand LLP on 7/5/2023

Independence Day invites reflection on another form of freedom. How do we respect the autonomy of California’s elders who experience progressive forms of dementia while protecting them from potential abuse and other harm?...more

Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Downey Brand LLP on 3/29/2022

Can a California court stop others from changing an elder’s estate plan? Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust....more

Will California SB 315 Improve Revocable Transfer on Death Deeds?

Downey Brand LLP on 7/16/2021

The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding probate and the expense of creating a trust. Revocable Transfer on Death Deeds, or RTODDs, have...more

Britney Spears and “Marla Grayson” May Propel Tightened Oversight Over California Conservators

Downey Brand LLP on 5/11/2021

When a California probate court establishes a conservatorship, the conservator is charged with managing the conservatee’s person and/or estate in the conservatee’s best interests. The large majority of professional...more

Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

Downey Brand LLP on 7/13/2020

Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at...more

New California Statutes Change Spousal Undue Influence Presumptions

Downey Brand LLP on 4/7/2020

California trust and estate disputes often involve allegations that a surviving spouse took advantage of a deceased spouse so as to get more of the latter’s assets. Often the “spousal financial abuse” charges are leveled by...more

New California Legislation for Trust and Estate Attorneys to Watch in 2020

Holland & Knight LLP on 1/16/2020

California Gov. Gavin Newsom recently signed into law a number of bills that will affect Trust and Estate attorneys, and which are effective as of Jan. 1, 2020. In addition, three new laws make changes to civil discovery...more

Elder Abuse Is Not a Trojan Horse – Bad Faith Must Be Shown for Double Damages Under Probate Code Section 859

Downey Brand LLP on 10/1/2019

Probate Code section 859, our subject in a recent post, packs a punch in California trust litigation. It awards double damages against someone who in bad faith wrongfully takes property from an elder, in bad faith takes...more

California Legislature Cracks Down on Caregivers Who Marry Dependent Adults

Downey Brand LLP on 9/17/2019

Many California financial elder abuse cases we see involve caregivers. While the vast majority are honest, a caregiver who spends many hours alone with a vulnerable client has a unique opportunity to exploit the situation. A...more

A Neuropsychologist’s Take on Mental Capacity Evaluation

Downey Brand LLP on 1/23/2019

Mental capacity issues are commonplace in California trust and probate litigation. Jonathan Canick, Ph.D., who spoke last year at the Sacramento Estate Planning Council on the subject of “Aging, Cognition and Capacity,”...more

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