Category: Estate Planning

Gifting to Beneficiaries and Heirs at Law

In planning their estates, people have a wide variety of reasons for selecting particular beneficiaries and determining the amounts they want those beneficiaries to receive and the manner in which they want the beneficiaries to receive their inheritances. This newsletter explores gifting issues. BENEFICIARIES vs. HEIRS AT LAW Under California law, beneficiaries and heirs at [..]

Read More

Preditor Protection

As people age, the ability to resist undue influence decreases. Predators use undue influence to overcome a persons own natural inclinations and imposes the predators wishes on senior adults that results in an involuntary estate plan, contrary to the persons long held wishes. Undue influence deprives a person of the right to be the one [..]

Read More

CA Adopts End of Life Option Act

Gov. Jerry Brown signed California Senate Bill 128 on October 5, 2015. It will take effect sometime in 2016, barring referendum efforts. WHO QUALIFIES? An adult who is age 18 years or older who has a terminal disease. A terminal disease is defined under the bill as an incurable and irreversible disease that has been [..]

Read More

Private Professional Fiduciary

Why should a private professional fiduciary be appointed to administer either a revocable living trust or a probate estate? PROFESSIONAL EXPERIENCE A private professional fiduciary is in the business of acting for beneficiaries of a trust or heirs at law in a probate estate. He or she may also serve for the benefit of a [..]

Read More

Don’t Sabotage Your Estate Plan

Your living trust is your plan for how your money and assets (your “estate”) should be used for your benefit during your lifetime and for your named beneficiaries at your death. Usually a lot of time has been invested in creating and establishing such a plan: Time to meet with your estate planning lawyer to [..]

Read More

Proper Handling of Estate Planning Documents

We live in an age of electronic technology which can be used to assist us with the mounds of paperwork that inundate our lives. Although original legal documents can be scanned and kept in a PDF or some other electronic format that prevents their being altered, proper handling and storage of the original paper document [..]

Read More

Common Planning Mistakes

A person’s estate plan usually consists of a revocable living trust, a pour-over Will, advance directive for health care, durable power of attorney for property management, and appropriate funding documents which include assignment of the person’s tangible personal property and transfers of real property and other significant assets to the trust. The living trust is [..]

Read More

Health Care Under HIPAA: Changes in Your Privacy Rights

California and federal laws provide for the confidentiality of a patient’s medical information. The general rule is that a patient’s medical information may not be disclosed without the patient’s express written consent.   However, there are at least two major statutory and regulatory provisions which affect the disclosure of confidential medical information and may prevent your [..]

Read More