Eldercaring Coordination: Addressing the Storm of Contentious Family Relationships Jeopardizing the Welfare of Aging Loved Ones
Eldercare Coordination:Authors: Judge Michelle Morley, Linda Fieldstone, and Sue Bronson https://www.americanbar.org/groups/gpsolo/publications/gp_solo/2022/november-december/eldercaring-coordination/American Bar Association (ABA) Model Rules of Professional Conduct Rule 1.14 (Client with Diminished Capacity)…
Social Competency in Estate Planning
Estate planning is not just for the white and wealthy. It is an important step regardless of age, health, wealth, or race. Although more young people are acquiring wealth, the demand for estate planning remains…
Your Debt after Death: Creditor Claims in Probate
Debt does not die with you. Make provisions now so you don’t leave your family with a pile of bills and unanswered questions.Most Americans have debt. However, most people don’t like talking…
TRANSFERRING YOUR HOME WITH A TRANSFER ON DEATH DEED
Also known as (TOD) – WHAT YOU NEED TO KNOW
Posted onA law that became effective January 1, 2016, creates a Revocable Transfer on Death Deed (“TOD Deed”)…
Estates That May Need Formal Probate
Any assets that do not qualify for a simple transfer process will likely have to go through formal probate. And, if the dead person’s property is worth more than $184,500, none of the exceptions…
Age, illness, or a combination of the two can rob us of our decision-making abilities. However, that should not signal the end of our happy lives. With a conservatorship or a power of attorney, a person in such a situation…
How to Buy and Sell Probate Real Estate in California
When a property owner dies, what happens to their property? In most cases, their estate must go through probate before the property can be transferred to any heirs. This leaves…
How Temporary Conservatorship in California Works
Have you ever wondered what would happen in someone close to you was involved in an accident that incapacitated them? How could you legally step in to help if they needed intensive treatment or…
What to Do About Power of Attorney Abuse in California
Power of attorney is, as the name implies, powerful. This makes it ripe for abuse if the wrong person acquires that power, and it also means the position has to…
What Is a Conservatorship Checking Account?
A conservatorship checking account is a type of account set up for use in the conservatorship of the estate. It is meant to help manage the financial affairs of someone unable to do so…
What Does a California Conservatorship Entail?
Are you looking to become a conservator but aren’t sure where to start? Well, you are not alone. When navigating setting up a conservatorship, one of the top questions people often have is, “What…
Filing a Probate with a Will and Executor
Filing a Probate with a Will and Executor - when a loved one dies with only a will or without any estate plan in place, their estate must pass through the California…
How Long Does Probate Take?
In California, when a loved one dies without an estate plan, their estate needs to pass through the probate court.
So that heirs can receive their inheritance. Many heirs may wonder: How long after…
How to Lodge a Will
How to Lodge a Will in California - most Executors have a hard time giving up possession of a decedent’s original will. Or, they do not realize that it is their duty to turn over…
Contra Costa County Public Law Library Recognition
CCC Public Law Library Recognition - I am extremely honored to be receiving such an important recognition from the Contra Costa County Public Law Library. I am earnestly grateful for the recognition…
Credit and Debt After Death: What You Need to Know
Credit and Debt After Death
Highlights:When someone passes away, his or her credit reports aren't automatically closed
You can have a death notice placed on his or her…
Questions to Ask Before Moving a Family Member to Assisted Living
Questions to Ask Before Moving to Assisted LivingRetirement planning involves more than just your own personal financial goals. You also need to think long-term about dependent family members, such…
Five Financial Conversations for Seniors
Highlights:Having a financial plan in place for aging loved ones can help reduce stress down the line.
Before tackling more complicated issues, check in with your parents about their day-to-day financial situation,…
Highlights:
Identity Theft Protection for SeniorsSeniors tend to have good credit scores and established savings, making them perfect targets for identity theft and other types of fraud.
Phone scams are one particularly common method used to commit senior identity…
Helping Protect Seniors from Fraud and Identity Theft
Helping Protect Seniors from Fraud/Helping Protect Seniors from Identity Theft
Highlights:Senior citizens’ savings and good credit may make them more attractive to fraudsters
Shame or embarrassment may prevent seniors from…
Probate Accounting in California
The right to a trust accounting, also known as probate accounting in California, is provided under the terms of the Probate Code and under the terms of the trust document (subject to any overriding provisions of the Probate…
Fiduciary Accounting
What is it, and who is required to submit one?
A conservatorship accounting, which is a form of fiduciary accounting, is a comprehensive report of the activity within a conservatorship during a specific period. To assure that the…
Probate Accounting
Probate accounting is also known as trust accounting. It is simply an accounting of the transactions undertaken by an estate during a specific reporting period. Section 16062 of the California Probate Code requires trustees to provide an accounting…
Pros and Cons of a Conservatorship in California
If you are considering whether you need to establish a conservatorship, you aren’t alone. Many people have loved ones who may be in need of regular, formalized assistance with their affairs. There…
Property Ownership
SOLE OWNERSHIP
Property Ownership - Sole ownership is defined to mean ownership by one person. Being the sole owner, one person enjoys the benefits of the property. But also is subject to the accompanying burdens, such as…
Cybersecurity for Seniors
Cybersecurity for Seniors. Seniors have never before been a bigger target for cyber crime and fraud. Learn how to help protect elderly loved ones.
Caring for a senior citizen can encompass many aspects of their life, including…
Tax Season Scams - How to Protect Yourself
Tax Season Scams - While you’re busy gathering your paperwork for tax season, cybercriminals are devising schemes to steal your identity and money. Know how to protect yourself and your loved ones.
Protecting…
Who Manages Property Inherited by Children in California?
Who Manages Property Inherited by Children? Until a child is eighteen years old, they can't inherit property in their own name. Instead, an adult needs to manage that property until the child…
What Does It Mean to be Named as Custodian?
What is a Custodian of an Estate? A Custodian holds a minor beneficiary’s inheritance until they are old enough to receive it directly.Your friend, a loved one or family member has…
WILLS AND DECEDENTS ESTATE
Wills & Decedents Estate - when people die, their assets including personal belongings, bank accounts, stocks, and real estate need to be safeguarded and managed. Bills need to be paid. Because of the grief process and…
Information about Emancipation:
Information about Emancipation:
What is "Emancipation"?
Emancipation is when a child (a minor) legally gets some of the rights of adults before reaching the age of 18. For example, signing contracts, choosing where to live, and…
Conservatorship of Adults
In the United States, all adults are considered capable of handling their own affairs unless a Judge determines otherwise. In California, this legal arrangement is called a conservatorship. They are established for impaired adults, most often older…
Elder Abuse
PLEASE NOTE: The Probate Court only addresses Elder Abuse petitions related to an existing or pending Conservatorship case. Please see the Civil Harassment page on other Elder Abuse matters.State law defines what constitutes Elder Abuse. In order to protect elders…
Decedents Estate and WillDECEDENTS ESTATE AND WILL - When people die, their assets including personal belongings, bank accounts, stocks, and real estate need to be safeguarded and managed. The decedents estate bills need to be paid. Because of the…
CARING FOR ANOTHER’S CHILD
Caregiver's Authorization Affidavit
Frequently parents find that they need someone else, often a grandparent or other family member, to care for and make decisions for their children, but they do not want to establish a formal…
Trustee’s Duty to Account to Trust Beneficiaries
Trustee’s Duty to Account - STATE LAWS RE TRUST ACCOUNTING.The California probate code sections quoted below state the laws about providing accountings to trust beneficiaries. Generally, the trustee only has to provide the…
LPS (Mental Health) Conservatorship
WHAT IS A MENTAL HEALTH (LPS) CONSERVATORSHIP?
A mental health (LPS) conservatorship makes one adult (called the conservator) responsible for a mentally ill adult (called the conservatee). These conservatorships are only for adults with mental illnesses…
Limited Conservatorship
Limited conservatorship is for adults with developmental disabilities. If the adult you are trying to help does not have a developmental disability but needs help taking care of him/herself or his/her finances, look into Conservatorship. If the adult…
Conservatorships (Probate)
(Conservatorships are only for adults over 18.)
WHAT IS A PROBATE CONSERVATORSHIP?
A probate conservatorship is a court proceeding where a judge appoints a responsible person (called a conservator) to care for another adult who cannot care for…
Closing and Distributing The Probate Estate
Closing and Distributing The Probate Estate - WHEN CAN I CLOSE THE ESTATE AND DISTRIBUTE THE ASSETS?
A final account and petition for distribution can be filed by the Personal Representative. This is done…
Probate Trusts & Estates
Probate Trusts - First, what is a Trust?
A trust is when one person holds title to property for the benefit of another person.A person called the settlor creates the trust and puts the property in the…
Property Held In Joint Tenancy After the Other Tenant Dies
Property Held In Joint Tenancy: What is joint tenancy?
Joint tenancy is a way for two or more people to own property in equal shares so that when one of…
Living Wills, Health Care Proxies & Advance Health Care Directives
Living Wills & Advance Health Care Directives - With the increasing ability of medical science to sustain our lives, people are living much longer than ever before. Unfortunately, as we…
Five Steps to Fund Your Living Trust
Five Steps to Fund Your Living Trust - We always are encouraging all of our clients, friends and family to create a Living Trust. This is so that their families can avoid the…
The Probate Process
Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries. The laws of each state vary,…
Wills, Estates, and Probate
Wills Estates & Probate - Losing a loved one is a sad and difficult time for family, relatives, and friends. In addition, those left behind must often figure out how to transfer or inherit property from…
Estate Planning Documents:
Estate planning documents:
A WILL
This is a legal document created by someone that provides instructions and to express their wishes regarding the distribution of their assets after their death. Again, the will does not go into effect…
Determining Competency to Sign a Durable Power of Attorney
Determining Competency to Sign - to create and sign a Durable Power of Attorney (DPOA), you must be “competent,” also referred to as “of sound mind.” That means you must have the…
About Legal Document Assistants
Preparing legal documents can be intimidating, and many California residents seek the assistance of an attorney when feeling overwhelmed. The pressure to know the law and to complete the forms correctly can be daunting. Especially for…
Representing Yourself
People who represent themselves in court are called “pro per” or “pro se” litigants. When they file papers with the court, instead of identifying an attorney as their representative, they write that they are “pro per” or “pro se”. You…
Duties of a Guardian
Duties of a Guardian - Before you decide to become a guardian, ask yourself these questions:Do you want legal responsibility for the child?
You will have the same legal responsibilities as a parent, including responsibility for…
Ending a Guardianship
Ending a Guardianship - A guardianship ends when 1 of these things happens:Child turns 18;
Is adopted, marries, enters the military, or is declared an adult (emancipated) by court order;
Dies before turning 18;…
Alternatives to Guardianship
Alternatives to Guardianship - A guardianship is not always necessary. A parent or both parents may need another adult or relative to take care of their children for a while (like if they are worried they may…
Common Questions – Conservatorship
Common Questions – Conservatorship. You may have a close friend or family member who is suffering from severe physical or mental illness, recovering from a serious accident, or declining mentally or physically as a result of…
Keeping Your House Out Of Probate
KEEPING YOUR HOUSE OUT OF PROBATE - Your home is often your largest asset, and something you want to ensure transfers according to your wishes after your death.
Without any advanced planning, your…