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December 2015 - Estate Planning & Probate

December 2015 – Estate Planning & Probate

Highlights of the December 2015 Contra Costa Lawyer Estate Planning & Probate edition include articles on conservatorships and guardianships, financial elder abuse, probate, trusts and more.

Lions and Tigers and Probate, Oh My!

Lions and Tigers and Probate, Oh My!

All she could think about was trying to wrangle those flying monkeys through a probate court. The truth is, navigating a probate does not require a wizard.

Conservatorships: A Last Resort?

Conservatorships: A Last Resort?

Sometimes petitioning the court for a conservatorship is necessary for the highest level of protection for an individual in need.

The Gift of Giving: Guardianships of the Person and Estate

The Gift of Giving: Guardianships of the Person and Estate

Guardianship of the person and/or estate provides us the opportunity to protect children who would otherwise be subject to harmful or detrimental living conditions.

Probate Perspective – 2015 Year in Review

Probate Perspective – 2015 Year in Review

The Judicial Council directed a survey on various facets of the state’s judicial system. Among the many hundreds of comments received, some of the ones relevant to probate practice are as follows…

Limited Conservatorship and Autism Spectrum Disorder

Limited Conservatorship and Autism Spectrum Disorder

The limited conservatorship process, by its nature, requires everyone involved to focus on the soon-to-be-adult’s disabilities.

Probate Perspective - 2014 Year in Review

Probate Perspective – 2014 Year in Review

The new local rules, taking effect January 1, 2015, are substantially revised and entirely reformatted, and will more closely follow the structure of the California Rules of Court.

Revisions to the Probate Local Rules: A Work in Progress

Revisions to the Probate Local Rules: A Work in Progress

While not perfect, the 2015 changes to the Probate Local Rules certainly represent a positive, collaborative effort. The public comment period is open through September 8, 2014.

Probate Perspective - 2013 Year in Review

Probate Perspective – 2013 Year in Review

The division experienced no structural changes during the past year. The same level of resources should be available for the division in the coming year.

Contested Conservatorships - Where's The Love?!

Contested Conservatorships – Where’s The Love?!

“…for better for worse…in sickness and in health, to love and to cherish, till death us do part.”

Meet Your New Board Members for 2016

Meet Your New Board Members for 2016

Please welcome Steven Derby, Oliver Greenwood, Dorian Peters and Summer Selleck to the CCCBA Board of Directors.

Meet Your 2016 Section Leaders

Meet Your 2016 Section Leaders

Meet the section chairs and find out how being a member can enhance your practice…

Inside: Guest Editor’s Column, December 2015

Inside: Guest Editor’s Column, December 2015

For this issue, we have a 1930 Philadelphia Athletics lineup of writers here to provide you with all-encompassing elder law information.

The Trust Litigator’s Arsenal

The Trust Litigator’s Arsenal

The California Probate Code gifts practitioners many tools that can be pivotal in helping trust litigators with resolving trust disputes.

Grandma Got Scammed by a Reindeer

Grandma Got Scammed by a Reindeer

By having the tools to recognize and remedy acts of financial elder abuse, we as practitioners can help protect some of society’s most vulnerable individuals.

Professional Fiduciaries to the Rescue!

Professional Fiduciaries to the Rescue!

If a client lacks capacity, a professional fiduciary can be appointed to protect vulnerable and incapacitated clients from abuse, neglect and exploitation.

Inns of Court: Restraining Orders/The Magna Carta

Inns of Court: Restraining Orders/The Magna Carta

Forget the Golden State Warriors and the Cleveland Cavaliers, the teams for this Inns of Court season are going to be poetry in motion.

Inns of Court: Bad Lawyering is no Fairy Tale

Inns of Court: Bad Lawyering is no Fairy Tale

The Bakers wanted to sue the witch, but needed to find an attorney. They met with the Big Bad Wolf who agreed to take the case, but only if the Bakers signed a will distributing all of their assets to Wolf.

Inns of Court: Revenge Porn and the Law

Inns of Court: Revenge Porn and the Law

This is a new and complex crime that was not well known in the world until recently. In fact, revenge porn was not illegal in a specific statute until 2013.

Does Your Client Have the Capacity to Get Divorced?

Does Your Client Have the Capacity to Get Divorced?

Even though a client may qualify and have the “legal capacity” to file for divorce, that same client may not have the capacity to enter into any agreements as part of the dissolution action.