How do you protect a parent who you think is being abused by the Trustee of a revocable trust or some other bad actor? You might think that your parent lacks capacity to manage their own financial affairs, or perhaps you think they are subject to undue influence and being manipulated. The problem with revocable trusts […]
Category: Elder Law
Who should be notified when Probate begins in California and whose duty is it to notify them? Under California law, the entire world must be notified when probate begins in California, and it is the named executor’s job to do so, or the person filing to open probate. But how do you notify the world? It all […]
This is an important question that can be difficult to answer in a single article. There are a long list of duties that Executor’s have under California law, but they can be summed up using the categories below: Take Control of Estate Assets and Properly Manage Them The first job over any executor is to […]
It can be nearly impossible to help a parent plan his or her estate when dementia exists. The problem with dementia is that is qualifies as the type of mental defect that could cause the person to lack the necessary capacity to create a Trust or Will. The first issue is whether your parent still […]
Elder Financial Abuse: Estate Planning Can Help California defines financial elder abuse as the unlawful appropriation of money or tangible property from a person who is elderly. Whether from outright theft or from manipulation, elder abuse is a serious infraction that can result in jail time. Examples Of Elder Abuse Cashing checks without authorization Obtaining […]
A Fiduciary Can Be Part Of Estate Planning A fiduciary is an individual or organization who has been given the legal authority to act in the best interest of another in various situations. It is important they are loyal, honest and worthy of trust. A fiduciary is hired to make important decisions without regard to […]