Jack and Mary have five children, one of whom suffers from Down Syndrome. While their son, Michael, is able to complete basic tasks, such as eating and dressing, he lacks the ability to live on his own. At age 20, Michael has the mental capacity of a much younger child. He is unable to make decisions regarding finances, and has…
When Carole and Michael created a trust for the benefit of their adult children, they had two goals in mind. First, they wanted to avoid probate, and second, they wanted to take advantage of California Proposition 58, which permits transfers of real property from a parent to a child in a tax-advantageous manner. To facilitate their goals, they decided to…
When Oliver died, at the ripe old age of 96, he left behind eight lineal descendants or heirs—three sons and five grandchildren. All of them believed that they would inherit from Oliver. He had told them about his Living Trust and promised each and every one of them that they would be “well taken care of.” Upon Oliver’s death, however,…
When we last heard from Jenna and Mark, they were clinging to one another, attempting to wait out Hurricane Astrid in a community center in St. Thomas, U.S. Virgin Islands. The trip was Mark’s attempt to reignite the romance in their lives, after the birth of their third child, Mikey, five months prior. At age 30, they had thriving careers—Jenna…
When we last met Jenna and Mark Livingston, they were hunkered down in St. Thomas, U.S Virgin Islands, waiting for Hurricane Astrid to pass. As they huddled in the town assembly hall, Jenna, an attorney, and Mark, a pediatrician, bemoaned their failure to adequately plan for the care of their children in the event of their death. Both age 30,…
Perhaps the most important decision you will ever make is who will serve as guardian(s) for your children. In California, a child under the age of 18 is not legally qualified to care for her or himself if both parents die. Any child under the age of 18 must have a legally appointed guardian. Typically, guardians of minor children are…
Jenna and Mark Livingston were living the life of Reilly. At age 30, they had thriving careers—Jenna as an attorney, Mark as a pediatrician—and three children, aged five months, two, and four. Together, they lived in a four-bedroom home in an exclusive neighborhood with their dog, Pepper. Five months after the birth of their third child, Mark decided Jenna required…