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This is another installment in our very occasional series on estate planning lessons learned from celebrities. The actress Nichelle Nichols, 85, who is most famous for portraying Lieutenant Uhura on the original “Star Trek,” is currently the subject of a conservatorship battle pending in Los Angeles Superior Court. Ms. Nichols’ son, Kyle Johnson, filed the petition for conservatorship in May…
As the average age of the U.S. population increases, more people are becoming aware of the benefits of having a general durable power of attorney (POA) to insure they have someone to assist them with financial matters when they are unable to act for themselves. Actually, the benefits of creating a POA apply to all walks of life, from the…
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,…
Aunt Minnie may appear to be a little flighty and forgetful, but does that mean she is incapable of creating and legally executing (signing) a will? The answer is complicated. The preparation of an estate plan, which may include a will, trust, and/or other documents, involves many steps. Assets and liabilities must be identified and decisions need to be made…
In California, a document called a small estate affidavit may be used to transfer an estate’s assets to the proper beneficiaries without having to open a formal probate proceeding with the court. To use a small estate affidavit, the estate must meet the following basic legal requirements: The basic requirements to use a small estate affidavit are the estate’s probate…
No one likes to think of this subject but the reality is that anyone at any age can be struck down by injury or illness. Two of the fastest rising maladies in the United States are dementia and stroke. Incapacity may be either temporary or permanent. The issue then is who will step into a person’s shoes and manage their…
A trustee of a trust must carry out the terms of the trust and safeguard trust assets for the beneficiaries’ benefit. A trustee can be one person, multiple people, or a corporate trustee such as a bank trust department or trust company with employees who help manage and grow the trust assets. Whether or not you should appoint a corporate…
According to the Alzheimer’s Association, approximately 5.3 million Americans were living with Alzheimer’s disease in 2015. Women age 60 and over are considered at highest risk of developing Alzheimer’s disease. Alzheimer’s is a progressive form of dementia that causes problems with memory, thinking, and behavior. While estate planning is important for everyone, it is especially important to consider after a…
California has made some important changes to its Probate Code regarding guardianships, conservatorships and elder abuse that you should be aware of. Up until now, in California and most other states, a wife or husband had the legal right to bar visitation to the other spouse’s adult children who might want to visit them. An ailing spouse may have dementia…