Older California residents should be aware of financial elder abuse by fiduciaries. Recognizing the signs is important. What is a fiduciary? For these purposes, a fiduciary is a trusted person who manages a person’s affairs when they are unable to do so themselves....
Gostanian Law Group Legal Blog
Fiduciary breach for trusts and estates
Fiduciary duty is the term in California that describes the obligation that particular trusted parties have to their beneficiaries. For example, the person or institution that oversees and runs a trust has a fiduciary duty to do what is best for the beneficiary of the...
Indicators that financial elder abuse might be occurring
In California, one type of elder abuse that sometimes occurs is financial exploitation. In some cases, older adults are exploited by conservators who have been appointed by courts to protect their wards but instead take advantage of them. It is important for family...
Financial abuse of the elderly or incapacitated
When an adult is unable to look after their finances due to dementia or other health reasons, a trustee or conservator is often chosen to manage their money and assets on their behalf. Aging adults often establish trusts for this reason, giving control of their...
When should you replace a trustee?
Estate litigation in California is necessary if you have a trustee who refuses to step down from their role. If you create a trust, then you have a right to declare the directives of that trust. The people chosen to manage a trust's assets must perform and show...
Common estate planning mistakes and how to avoid them
If you’re like many residents of California, you are thinking about planning your estate. Unfortunately, many people make mistakes during the process. It’s important to know those mistakes and how you can avoid them. Forgetting to include certain documents A common...
Do you have the ability to contest a will?
If a deceased loved one lived in California at the time of his or her death, that person will likely be subject to that state's probate laws. The same may be true if that person owned property in his or her name in the state. In the event that your parent, grandparent...
How to make a will for multiple children
California parents with multiple children might have to face more complications than single-child parents. When your children are young, you might be inclined to split up your estate between all children equally. As your children become adults though, you might...
How probate works in California
In California, passing away without a will is referred to as dying intestate. Through probate, the court will divide your property among your closest relatives under the state's succession laws. Here's an overview of how the probate process works. What happens when...
Why is it a bad idea to go through probate alone?
Probate refers to the legal transfer of assets and debts following a person's death. The court supervises the process to gather information about holdings, pay remaining liabilities and distribute the assets to heirs. There are various components of probate...