Category: Wills

ATTORNEY NEWSLETTER Testamentary Capacity Standard For Wills And Trusts Capacity Issues And Financial Elder Abuse A person’s mental health and intellectual functioning are central to their ability to sign a legal document. This is known in the law as a person’s “capacity” to do certain things.  Capacity questions can arise […]

ATTORNEY NEWSLETTER California Law On Duty Of “Highest Good Faith” For Spouses Prohibition of Taking Unfair Advantage In any transaction between married persons in California each spouse is subject to “a duty of the highest good faith and fair dealing” and prohibited from taking “any unfair advantage of the other.” […]

ATTORNEY NEWSLETTER Estate Plans Are All About Protecting Loved Ones Keep Your Plan Current The Importance of Powers of Attorney Estate planning is all about protecting you, your spouse, and your children and grandchildren as you age. Revocable Living Trust arrangements and Powers of Attorney can protect you while you’re […]

ATTORNEY NEWSLETTER Navigating The Financial Aspects of Cognitive Decline Make An Inventory of Assets And Seek Professional Help Consider Powers of Attorney and Revocable Trust Agreements When a loved one is beginning to manifest signs cognitive decline, emotional and medical considerations often overshadow the financial planning that needs to occur. […]

ATTORNEY NEWSLETTER Estate Plans Are All About Protecting Loved Ones Keep Your Plan Current The Importance of Powers of Attorney Estate planning is all about protecting your and your loved ones as you age. Revocable Living Trust arrangements and Powers of Attorney can protect you while you’re alive but no […]

ATTORNEY NEWSLETTER Creating and Amending Trusts Many Californians, especially seniors, create trusts to hold their assets in part to avoid a lengthy probate process following death. The trusts may be fully revocable by the individual creating the trust (known as the “settlor”) or irrevocable during the settlor’s lifetime.  If revocable, […]

San Francisco Elder Abuse Lawyers Discuss the Facts ATTORNEY NEWSLETTER The Background Marin County, the gem of the North Bay and one-time wealthiest county in America. Now seen as a nice place to retire or raise the kids, it is also the location of some high-stakes financial elder abuse cases. […]

ATTORNEY NEWSLETTER In the wake of Governor Jerry Brown’s signing of the End of Life Option Act, California has become the sixth state in the US to allow physician assisted suicide. While the bill offers those in excruciating pain or discomfort the agency to end their own lives, some disability […]

ATTORNEY NEWSLETTER The State of California recently modified the former definition of “undue influence” in the Welfare and Institutions Code. Before 2014, in order to prove undue influence, a special relationship between the victim and the perpetrator had to be demonstrated. Now, the evidence that someone’s free will has been […]