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Drafting an Estate Plan for those with Multiple Sclerosis and Parkinsons

Posted on | April 30, 2010 | No Comments

In “Psychological and Emotional Impact of Chronic Illness on Estate Planning: Case Study Comparing and Contrasting Multiple Sclerosis and Parkinson’s Disease,” Kalb et al disclose the attendant problems with planning for those with MS or PD. They also discuss that “[a]ttorneys need to be alert for the possibility that family members or caregivers might take advantage of an MS or PD client.” They give a few key tips that were highlighted in Prof. Beyer’s blog:

* Planning shorter meetings
* Planning for the effects the illness has had on the client’s ability to write
* Recognizing that family members may be exerting undue influence on the client
* Helping the client come to terms with the need for estate planning
* Addressing special estate planning issues that might arise as the client’s illness progresses
* Paying attention to how a client’s religious beliefs impact planning

Thanks to Prof. Beyer for bringing this article to my attention.

Category: Trust and Estate Litigation
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When Celebrity Estate Planning (or a Lack Thereof) Leads to Probate Disaster

Posted on | January 31, 2010 | No Comments

A young Michigan probate litigator who has shared a connection with the California Probate Center (see the Blogroll) has published a new book titled “Trial and Heirs: Famous Fortune Fights . . . And What You Can Learn from Celebrity Errors.” The book covers the estates of Michael Jackson, Ted Kennedy, Princess Di, Anna Nicole Smith, Heath Ledger and others. It also includes helpful sections of “Tips to Avoid a Family Fight” and “Ideas to Spark Family Discussions.” It takes a systematic approach to estate planning including the strengths and weaknesses of wills, and the modern approach to estate planning that bypasses probate entirely by using trusts. Want to learn more? You can read more about the book by going to its website and you can purchase a copy on Amazon.

Category: celebrity
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Why Do I Need a California Will? 5 Myths About Wills

Posted on | October 31, 2009 | No Comments

USA Today has published a list dealing with misconceptions about wills. The list tackles 5 common myths:

  1. Estate planning is for rich people.
  2. If I die without a will, everything will go to my spouse.
  3. If I have a will, my estate won’t go through probate.
  4. After I create my will or living trust, I’m all set.
  5. I could be held responsible for a deceased parent’s debts.

You can read the article itself here.

Category: California Probate Practice
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Disinheritance: Will I Be Disinherited for Marrying Outside the Faith?

Posted on | September 30, 2009 | No Comments

The Illinois Supreme Court ruled that a Jewish couple’s dying wish to disinherit any of their grandchildren that married outside of the Jewish faith was lawful. The Courts have traditionally ruled that clauses that promote divorce are against public policy, but here the Court held that the clause did not do so. The clause in question required that upon the death of the surviving testator, if any grandchild married outside of the Jewish faith, their non-Jewish spouse had a year to convert to Judaism. If they did not convert, then their share would revert back to their parents. This clause would likely control dispositions under other faiths as well.

Category: California Probate Practice
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Trust Litigation - A $5 Billion Dollar Trust for the Dogs?

Posted on | August 31, 2009 | No Comments

Leona Helmsley left an estate valued at about $5 billion with instructions stating that the money should, at least in part, be dedicated to the wellness of dogs. A few months ago, a judge ruled that the trustees could actually spend the money for other purposes – giving the green light for the trustees to spend over $100 million in grants on other causes. This angered animal protection organizations including the A.S.P.C.A. and the Humane Society. Those organizations have now joined together and filed suit in an attempt to reverse the judge’s ruling which they view as a “scheme to deprive dog welfare charities” of the money that they believe should be going to them. As the New York Times article points out, none of this affects Trouble, Helmsley’s dog that was gifted $12 million (later reduced to $2 million) out of her estate. Trouble enjoys a $100,000 per year security detail that helps to insulate him from the heated arguments in court over the fate of his brethren.

Category: Trust and Estate Litigation
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Are California Will Kits - “Do It Yourself Wills” - Legal?

Posted on | April 30, 2009 | No Comments

As a probate litigator I can tell you first hand that do-it-yourself wills are a probate attorney’s dream.  Time and again I have seen the damage that self-written wills have done to honest and hardworking people that bought some stationary and tried to do it themselves.  Instead of giving their money to their beneficiaries- the beneficiaries end up fighting over the vague terms of the document leading to an unneccessary loss to the estate.  But don’t take my word for it- read this article to find out more about the disputes that arise over off-the-shelf wills.  Honestly, I would rather you put me out of business by hiring an attorney to prepare proper documents then see the same sorry tale over and over again.

Category: Uncategorized
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