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Estate Planning › Guardians › Conservators

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... more +
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 -
Lasher Holzapfel Sperry & Ebberson PLLC

Durable Power of Attorney – One of Your Most Important Estate Planning Documents

Lasher Holzapfel Sperry & Ebberson PLLC on

We all make important decisions and engage in regular financial transactions without giving a second thought about our capacity to do so. But what if you suddenly lost the ability? What would happen? While most of us don’t...more

Burns & Levinson LLP

Four Basic Aspects About Fiduciary Litigation

Burns & Levinson LLP on

Fiduciary litigation, which includes disputes involving families, estates, trusts, and property transfers, can be complex and daunting. However, there are certain basic, frequently encountered aspects of fiduciary...more

Fox Rothschild LLP

:THE EVOLVING ROLE OF GUARDIANSHIP:

Fox Rothschild LLP on

I wanted to start this essay by reference to history and so I grabbed my bedside copy of Sir William Blackstone’s Commentaries on the Laws of England (1765) to show that guardianship had ancient traditions. In one sense the...more

Warner Norcross + Judd

Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity

Warner Norcross + Judd on

People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a...more

Burns & Levinson LLP

How to Fire Your Fiduciary

Burns & Levinson LLP on

There may come a time in your life when you are in need of a fiduciary. A fiduciary relationship is deemed to exist when one party is bound to act for the benefit of another party. You may have the opportunity to choose your...more

Downey Brand LLP

Blast from the Past – Trusts Subject to Medi-Cal Reimbursement

Downey Brand LLP on

We begin the year with a case, Riverside County Public Guardian v. Snukst (2022) ___ Cal.App.5th ___, involving an elder with dementia who received Medi-Cal benefits. The case, a blast from the past, illustrates how the...more

Burns & Levinson LLP

Avoiding Probate Litigation: An Attorney’s Top 5 Tips

Burns & Levinson LLP on

The most basic and streamlined approach to avoiding probate litigation is planning ahead. Plans may include full, comprehensive estate plans, simple transfers of real estate, the implementation of protective measures or...more

Burns & Levinson LLP

Before There Was Britney, There Was Amanda Bynes: An Attorney’s Insights on High-Profile Conservatorship

Burns & Levinson LLP on

In the early days of this blog, I enjoyed using celebrity estate-planning blunders to illustrate what not to do in terms of your own planning. I’ve been thinking a lot about that series lately, particularly as stories about...more

Weintraub Tobin

Lest We Forget, Conservatees Have Personal Rights

Weintraub Tobin on

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

Bowditch & Dewey

Four Basic Estate Planning Documents that Everyone Needs

Bowditch & Dewey on

Many people think they don’t need “estate planning” because they don’t have enough assets to generate an estate tax; however, there are four basic estate planning documents everyone should have regardless of net worth. 1....more

Jaburg Wilk

Your Guide to Essential Estate Planning Documents

Jaburg Wilk on

If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Weintraub Tobin

A Case Lesson In “What Not To Do” When Billing As A Conservator

Weintraub Tobin on

Based on recent appellate cases, one of which is discussed below, the court’s scrutiny of conservators’ conduct and, specifically, private fiduciaries, is seemingly on the rise. Private fiduciaries acting as conservators...more

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