As we enter the eighth month of the COVID-19 pandemic, California courts and litigants continue to grapple with how to move civil cases forward. Senate Bill 1146, approved by Governor Newsom on September 18, 2020, and effective immediately, facilitates the taking of depositions by allowing court reporters to attend remotely and enables electronic service of … Continue Reading
Effective January, 1, 2020, the Legislature changed California conservatorship law with respect to the personal residences of conservatees. Senate Bill 303 attempts to protect conservatees by making it harder to relocate them from and sell their residences. Proponents argued that existing law made it too easy for conservators to liquidate the homes of conservatees. The … Continue Reading
Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at least potential disagreements, involve people who can’t fend for themselves, such as mentally incapacitated adults, children, or … Continue Reading
California trust and estate disputes often involve allegations that a surviving spouse took advantage of a deceased spouse so as to get more of the latter’s assets. Often the “spousal financial abuse” charges are leveled by the deceased spouse’s biological children against their step-parent, as discussed in a prior post. Sometimes care custodians who are … Continue Reading
Many California financial elder abuse cases we see involve caregivers. While the vast majority are honest, a caregiver who spends many hours alone with a vulnerable client has a unique opportunity to exploit the situation. A crafty and crooked caregiver may go so far as to marry his or her client as part of a … Continue Reading
