October 27 2021
by Edward J. Corey, Jr., Carlena L. Tapella, Gary D. Rothstein, Mary deLeo
The Trusts & Estates Law Blog
An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility before being named in a Trust. Occasionally, however, Trustees are surprised to find that they have been named. Regardless of how the role comes to you, the Trustor (sometimes called “Settlor,” “Grantor,” or “Trustmaker”) trusted you and believed you to be responsible.
Read More
October 6 2021
by Carlena L. Tapella
The Trusts & Estates Law Blog
On September 30, 2021, Governor Gavin Newsom signed California AB 1194 amending numerous statutes pertaining to conservatorships. The following are highlights:
Internet Posting of Fees of Licensed Professional Fiduciary: On or before January 1, 2023, an individual licensed as a professional fiduciary (LPF) by the State of California, and who has an internet website, is required to post on their website a schedule or range of the LPF’s fees, including, but not limited to,
Read More
September 20 2021
by Carlena L. Tapella
In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS 737, the Court of Appeal for the Second Appellate District, Division Five, determined that a former conservatee who discovered that certain transactions in his conservator’s previously approved accounting were falsely reported, was under no obligation to comb through records to verify the truth of the representations made by the conservator in the accounting. The case is detailed with respect to the facts,
Read More
August 10 2021
by Carlena L. Tapella
The Trusts & Estates Law Blog
As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when properly requested, or to provide an accounting if one is required under law. The result is that the person seeking the accounting may be left with no alternative but to file a petition with the court for an order compelling the fiduciary to submit an accounting,
Read More
July 6 2021
by Danielle F. Diebert
The Trusts & Estates Law Blog
Britney Spears says so. After thirteen years of conservatorship, on June 23, 2021, Britney appeared remotely at her conservatorship hearing and relayed her emotional plea to the judge to terminate her conservatorship without the need for any further evaluation.
The June 23, 2021, Hearing: ”I’m [Not] A Slave 4 U”
At the hearing on June 23, 2021, and after years of relative silence, Britney expressed to the judge that she felt that the conservatorship was “abusive” and that she wanted her life back.
Read More
June 30 2021
by Carlena L. Tapella
The Trusts & Estates Law Blog
Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate. Even those in their later years might find it a difficult topic to discuss. However, there are several important reasons why one should strongly consider having a Will prepared, and perhaps other estate planning documents, such as an Advance Health Care Directive or Durable Power of Attorney for Financial Management,
Read More
February 2 2021
by Carlena L. Tapella
The Trusts & Estates Law Blog
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 individual does not have an alternative in place which would eliminate the need for a conservatorship.
The establishment of a conservatorship does not deprive a conservatee of all of their personal and legal rights. Unless the court makes a specific determination otherwise,
Read More
December 29 2020
The Trusts & Estates Law Blog
2020 has been a year to remember for so many reasons: a global pandemic, the race to a vaccine, and an election with record-breaking voter turnout.
President-elect Joe Biden and his running mate Vice President-elect Kamala Harris campaigned on a platform of detailed proposals, including changes to certain areas of tax law. Here are some reforms that we might see during a Biden presidency, and the effects those changes might have:
Eliminating the step-up in tax basis
Biden has proposed that the current step-up in tax basis upon death be eliminated.
Read More
August 18 2020
The Trusts & Estates Law Blog
In 1978 California voters approved Proposition 13, a landmark measure that set—and has kept—property taxes at a low rate. This November’s ballot includes a proposition known as the “split roll” initiative that would make significant changes to Proposition 13.
Currently, California treats commercial and residential properties almost identically when it comes to property taxes. A homeowner and a business owner pay taxes on the value of the property based on its fair market value when it was acquired,
Read More
August 13 2020
The Trusts & Estates Law Blog
The COVID-19 pandemic has focused us all on necessities and on trying to prepare for an uncertain future. This article outlines why an estate plan is one of those necessities.
I Don’t Have an Estate Plan; What Would Happen if I Died?
It’s important to have an estate plan for several reasons. During your life, you want to ensure that you control your assets and that if you are ever incapacitated,
Read More