For more than a decade, some of Britney Spears’s most devoted fans feared that she was locked up against her will under a court-ordered conservatorship, even going as far to accuse her father, Jamie Spears, of drugging her to take control. In response, fans launched #FreeBritney, a viral social media campaign, aimed at having
Last week the California Supreme Court used a conservatorship case to clarify how appellate courts should review the sufficiency of evidence when the trial court applied the clear and convincing evidence standard.
In Conservatorship of O.B. (2020) 9 Cal.5th 989, the Supreme Court held that “when reviewing a finding that a fact has been
Creators of trusts (also known as settlors or trustors) usually think long and hard about how their property should pass when they die. It’s therefore common for trustors, or their lawyers, to incorporate protective safeguards into their trust instruments to shield trustors from their own whim and indecision, and ensure nobody trifles with their wishes
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
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
(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 some circumstances, however, statutes of limitation may be tolled or suspended so as to extend the filing period.
When the COVID-19 pandemic caused court closures, the California Judicial Council responded with Emergency Rule 9, which tolled the statutes of limitation for civil actions from March 6, 2020 until 90 days after the Governor lifts the state of emergency, which will not occur until an unknown future date.
The initial emergency rule, issued April 6, has now been revised and partially clarified. As California courts began to reopen in May, the Judicial Council chose to put a clearer endpoint on the tolling of limitations periods. A memorandum from the Judicial Council provides background on the amended rule.
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
The COVID-19 pandemic has idled workers and the coming weeks will bring more news of business closures and bankruptcies. After a decade of sustained growth, we are facing a recession of uncertain depth and duration. The New York Times recently reported that some Americans are turning (or perhaps returning) to “financial therapy” for support.
In
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 they don’t want to burden family members with the role. Sometimes family members or a court may appoint a bank to take the place of an acting trustee as a means to resolve disharmony amongst the parties.
Alysia Corell joins us here to share her experiences as a trust officer. Alysia grew up in the Mt. Shasta area of Northern California and traveled south to attend San Diego State University where she majored in communications. She began to work in a bank trust department in 2003 and became a Certified Trust and Financial Advisor in 2008. She is a past president and current member of the Sacramento Estate Planning Council and a member of the South Placer Estate Planning Council. In 2018 Alysia joined the trust department of Exchange Bank.
A new case from the Court of Appeal once again illustrates the robust nature of claims under California’s Elder Abuse and Dependent Adult Civil Protection Act, also known as the Elder Abuse Act.
In Arace v. Medico Investments, LLC (2020) 48 Cal.App.5th 977, a San Bernardino County jury found the owner of a residential care facility for the elderly liable for the financial elder abuse of a resident, but did not award any damages on that claim. Nonetheless, the court properly awarded legal expenses to the plaintiff as the prevailing party. This broad view of a plaintiff’s entitlement to legal expenses shows the bite of the Elder Abuse Act and will encourage elders and their advocates to pursue financial elder abuse claims.