News & Analysis as of

Elder Issues Trusts

Cole Schotz

Naming a Guardian: It’s More Important Than You Think

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It is easy to mistakenly assume that naming a guardian in estate planning documents is only critical for individuals with minor children. In reality, however, appointing a guardian is just as important for parents as it is...more

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: March 2025 Issue

Mandelbaum Barrett PC on

New Jersey Officially Introduces Driver’s License Notation for Autistic Motorists - Autistic motorists in New Jersey, as well as their parents/guardians, are now able to request that their autism diagnoses be notated on...more

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: December 2024 Issue

Mandelbaum Barrett PC on

The Great Wealth Transfer: Preparing the Next Generation - The great wealth transfer is underway in America. Through 2045, Baby Boomers will pass down approximately $84 trillion to Gen Z, Millennials, and Gen X. But what...more

Chambliss, Bahner & Stophel, P.C.

[Webinar] Estate Planning Doesn't Have to be Scary - October 26th, 12:00 pm - 1:00 pm EDT

Planning ahead for the unknown can be frightening and intimidating. However, our team is here to expel the spine-chilling misconceptions of advance directives, estate planning, and estate administration. Sally Brewer,...more

Downey Brand LLP

Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Downey Brand LLP on

Can a California court stop others from changing an elder’s estate plan?  Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust....more

Foster Swift Collins & Smith

Estate Planning for New and Aging Parents

Many life events will prompt people to consider estate planning to protect their assets and family. Many will rush to an attorney before they travel (especially far), start a business, or complete a messy estate...more

Conn Kavanaugh

Discussing Death and Dying

Conn Kavanaugh on

A morbid topic? Of course! But for our older clients and their adult children in the sandwich generation (young children of their own and aging parents) having the discussion can be extremely beneficial to both the elder and...more

Downey Brand LLP

Elder Abuse Is Not a Trojan Horse – Bad Faith Must Be Shown for Double Damages Under Probate Code Section 859

Downey Brand LLP on

Probate Code section 859, our subject in a recent post, packs a punch in California trust litigation. It awards double damages against someone who in bad faith wrongfully takes property from an elder, in bad faith takes...more

Downey Brand LLP

California Legislature Cracks Down on Caregivers Who Marry Dependent Adults

Downey Brand LLP on

Many California financial elder abuse cases we see involve caregivers. While the vast majority are honest, a caregiver who spends many hours alone with a vulnerable client has a unique opportunity to exploit the situation. A...more

Ruder Ware

My Parents Want to Leave My Son With Special Needs an Inheritance...Will He Lose His Benefits?

Ruder Ware on

Leaving an inheritance to a loved one with special needs who is or will be receiving government benefits (SSI, medical assistance, long term care services) is tricky and can have unintended negative consequences if not done...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner - September/October 2019

Is silence golden? The good and the bad of keeping your trust a secret - It’s common for parents to set aside money or other assets in trust for their children or grandchildren. At the same time, many parents agonize...more

Cranfill Sumner LLP

Understanding Trusts: Do you need one? What are the? How do they work?

Cranfill Sumner LLP on

One of the most common questions clients ask is whether they need a trust. While they are usually seeking a “yes” or “no” answer, as with most legal questions, the correct answer usually is, “It depends.” The answer depends...more

Downey Brand LLP

A Neuropsychologist’s Take on Mental Capacity Evaluation

Downey Brand LLP on

Mental capacity issues are commonplace in California trust and probate litigation. Jonathan Canick, Ph.D., who spoke last year at the Sacramento Estate Planning Council on the subject of “Aging, Cognition and Capacity,”...more

Ward and Smith, P.A.

Weathering the Storm: How to Get Your Affairs in Order

Ward and Smith, P.A. on

I’m writing this in Wilmington, North Carolina at a time when many in this area still are struggling after Hurricane Florence. The weekend before the storm was bright and sunny. I would have rather gone to the beach, but...more

Chambliss, Bahner & Stophel, P.C.

Are Trusts Still Useful If the Estate Tax Is Repealed?

With Republicans in control of Congress and the presidency, there is talk of eliminating the federal estate tax. In 2017 the tax affects only estates over $5.49 million, meaning that for more than 99 percent of Americans,...more

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