If you are caring for an elderly parent or a child with disabilities, you may need to obtain legal authority to make decisions on their behalf. Taking on this responsibility requires that you be appointed guardian and/or conservator by a court. Here are the differences between the roles: Guardianship Requesting guardianship of an elderly or […]
Guardianship disputes tend to focus on whether a guardian is needed and whether a proposed guardian is appropriate. As these disputes usually arise among family members, addressing the disputes outside of court can help to keep down costs, and preserve family ties. Mediation and alternative dispute resolutions can be particularly helpful in resolving these issues. […]
Divorce is a complicated legal process with many financial ramifications. With so many immediate life-changing decisions to negotiate with your former spouse, it’s easy to push long-term planning to the back burner. This may lead to future will, trust, and estate disputes, especially if the marriage ends on less than amicable terms. Here are […]
One year after “Queen of Soul” Aretha Franklin’s death, the later singer’s estate remains mired in uncertainty. Franklin reportedly left three handwritten wills, one of which was discovered in a sofa months after her death. A handwriting expert is now examining those wills to verify their authenticity. Recent court filings also reveal that Franklin did […]
It is a given that, unless you disclose your estate plan to your family before you die, you will not know the impact your decisions can have on those you leave behind. Many people do not realize that providing for uneven distributions from your estate or trust among their children can stir jealously and […]
The Britney Spears family feud is putting conservatorships back in the spotlight. Earlier this month, the pop music icon was at the center of a closed-door hearing in Los Angeles. Spears reportedly wants to change who oversees her conservatorship or have it removed altogether. The 37-year-old singer has been under a conservatorship controlled by her […]
If you have created an estate plan, chances are you have planned for the transfer of your bank accounts, investments, and physical property after your death. Instructions for cash and physical property tend to make up the majority of most wills. However, as we continue to transact more of our lives online, post-death planning for […]
Although we are litigators, we believe that estate disputes should be handled out of court if at all possible. Usually these disputes involve family members, and avoiding litigation gives both sides the best chance at repairing the relationship and healing the family. When the dispute involves a guardianship or conservatorship, it can be difficult for […]
Over half of American adults have given someone a power of attorney. A power of attorney allows someone to make decisions on your behalf as a fiduciary, and grants them a great deal of authority over your affairs. Designating an agent to act under a power of attorney is one of the first steps many […]
The purpose of guardianships and conservatorships is to protect aging adults. When an adult becomes unable to care for him or herself due to injury, illness, or old age, a judge may deem it necessary for another person to manage the incapacitated adult’s daily life (a guardian) or financial affairs (a conservator). Sadly, however, it […]
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