Category: Estate Administration

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How Does Amended California Emergency Rule 9 Affect Probate Proceedings?

(Editor’s Note: The example in the post below has been revised.) California causes of action are subject to various statutes of limitation.  Unless a plaintiff or petitioner files a complaint or other document asserting a cause of action within the applicable limitations period, the filing will be deemed time barred and subject to dismissal.  Under … Continue Reading

California Powers of Appointment: Follow Instructions When Exercising

In California, a trustor (person who creates a trust) can confer a “power of appointment” on trust beneficiaries, empowering them to designate to whom they want to give their shares of the trust.  The trustor can require trust beneficiaries to specifically exercise and refer to the power of appointment in any will they create to … Continue Reading

Helping Families and Solving Problems – A Conversation with Trust Officer Alysia Corell from Exchange Bank

Bank trust departments, also referred to as corporate trustees, provide professional management to the administration of California trusts.  People may choose to name a bank to act as successor trustee when they can no longer manage their own assets, either because they don’t have family members they can count on to handle assets or because … Continue Reading

California Wage and Hour Lawsuits Spreading to Mom’s Living Room

In a recent post, we discussed the hazards, from a tax reporting perspective, of erroneously treating California caregivers as independent contractors as opposed to employees.  If a caregiver is an employee (as is often the case), her employer also must comply with the various wage and hour rules that apply to the employment relationship. Many … Continue Reading

Watch Out for Tax Issues When Paying California Caregivers

Hired caregivers (also known as home care aides) permit many California seniors to remain in their homes as they age and need assistance with activities of daily living.  Yet from my window looking out at Sacramento, I can see massive liability associated with the classification and payment of such workers.  Consider that baby boomers are … Continue Reading

A Friend Request From The Beyond: California’s New Post-Death Digital Assets Law

Next time you schedule an appointment with Downey Brand’s Sacramento office to revise your estate plan you will have a new question to consider: who will manage your Facebook account when you’re gone? Assembly Bill No. 691, which became effective on January 1, 2017, attempts to aid in that process.  It is commonly called the … Continue Reading
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