Earlier this month, a Michigan jury considered whether handwriting in a spiral notebook found under a couch cushion at singer Aretha Franklin’s home constituted her valid last will. Franklin had written and signed the four-page document, and dated it “3/31/14,” but it was not signed by any witness. A six-person jury deemed the 2014 will
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When a Health Care Directive Isn’t Enough – California Court Shreds Another Arbitration Agreement
Operators of skilled nursing facilities want their patients to enter into arbitration agreements. While such agreements don’t eliminate the risk of litigation, they at least reduce the expense and exposure associated with potential jury trials.
California appellate courts, however, have taken an ever narrower view of who can sign arbitration agreements on behalf of patients. Just…
RCFEs Can’t Get Out of the Rain – California Court Finds Another Arbitration Agreement Unenforceable
Another day, another decision by the California Court of Appeal making it more difficult for residential care facilities for the elderly (“RCFEs”) to enforce their arbitration agreements.
Upon admission to virtually any RCFE, a new resident will be asked to sign a stack of documents including an agreement to submit any future dispute to arbitration. …
California Court Gives RCFEs More To Keep Them Up At Night
Recent decisions by the California Court of Appeal have heaped stress on the owners/operators of residential care facilities for the elderly (“RCFEs”).
RCFEs, like other businesses, would prefer to avoid the court system and jury trials by obtaining residents’ consent to the arbitration of any disputes that might arise. But as California appellate courts are…
Temporary Conservators May Lack Authority to Sign Contracts for Conservatees
Can a temporary conservator of a person effectively sign paperwork that admits the conservatee to a California senior living facility subject to an arbitration agreement? Only if the temporary conservator has special authorization to do so.
Holley v. Silverado Senior Living Management, Inc. (2020) ___ Cal.App.5th ___, decided in August, is a cautionary tale…
California Estate Planning Disrupted by COVID-19 Virus and “Social Distancing”
What a difference a few weeks make! A month ago, the COVID-19 virus was a distant threat. Over the last few weeks, California courts and law offices have closed, leaving families at home and uncertainty as to when “normal” will return.
Colleagues share that COVID-19 has led to a flurry of calls from clients who want to push forward to complete estate plans that they had left unfinished. Folks who never had estate plans also are seeking to get them done.
California’s estate planning formalities, however, create challenges in our pandemic situation.
When Is a Will Valid in California?
Although much wealth passes today through trusts and beneficiary designations, we occasionally handle California probate disputes that turn on the validity of wills, sometimes involving high value estates.
The standard practice in California estate planning is for wills to be typewritten and prepared by attorneys, but those steps are not necessary. A holographic, i.e., handwritten, will can have just the same effect.