It takes little imagination to understand that the life of a transgender person is full of family and emotional challenges. These challenges reverberate throughout relationships. And, at times intrude into the administration and litigation of trusts and estates.
Transgender people who formed families after transitioning have faced challenges to their legal status as parents. There are some extreme cases, now over thirty years old, where courts have terminated parents’ parental rights, completing severing the parent-child relationship, because they were transgender.
In 1986, the Nevada Supreme Court held that a transsexual “in a very real sense, has terminated her own parental rights as a father. It was strictly (the male’s) choice t[...]
The battle against elder financial abuse in America starts with our own families, but it requires a much broader base. The combined efforts of our communities, public and private institutions, and law enforcement all play an essential role in a fight that will only intensify in the coming decades.
There are now 50 million Americans over the age of 65. Ten thousand baby boomers reach 65 each day. This age group is also a target class for predators and swindlers whose actions are often covered in silence. A 2016 study from the AARP’s Public Policy Institute revealed that one in five older Americans are victims of financial exploitation each year.
Some elders are particularly vulnerable to financial pillage. An estimated 5.8 million Americ[...]
You’re the beneficiary of a trust in California. You want to ensure that the distribution of trust assets is smooth and timely. And while the chances are good that distribution to beneficiaries will go off without a hitch, there is still potential trouble to look out for. What are the top five factors to keep in mind if you’re the heir to an estate and are concerned about a bad trustee or possible trust litigation?
1. Beneficiaries Frozen Out & Disinherited
Disinheritance can come as a shock, both at the emotional level and to a beneficiary’s financial security. You’ve been wrongfully excluded from a trust – it’s not what the trust maker would have wanted, and it’s certainly not what you want. Your elderly parent or gran[...]
Lawyers and clients often use a contingency fee arrangement in trust and estate litigation. The arrangement only works where money and/or other valuable personal or real property is being claimed. The client agrees to the lawyer’s share when the mutual agreement is signed. Arrangements are also made as to what, if any, costs the lawyer will “advance” in the lawsuit.
Expert fees, filing fees, depositions and travel add up. This makes the lawyer quite conscious of costs.
Contingency fees under California law are negotiable. California Business and Professions Code Section 6147 clearly states that such fees are not set by law but are negotiable between the attorney and client. This must be disclosed in writing to the client. The lawy[...]
Illicit and prescription drugs and alcohol fuel trust, estate and elder financial abuse disputes. Addiction fires emotional and financial havoc on families. Parents of chemically addicted children grapple with anger and guilt.
We at Hackard Law, a California based law firm, regularly litigate contested matters in trust, estate and elder financial abuse disputes. These contests seem to fall into seven primary categories:
Elder Financial Abuse;
Life Insurance Beneficiary Litigation;
Trust Accounting; and
We’ve seen how drugs & alcohol addictions can ignite destructive and disastrous influences in every one of the seven categories. It is often said[...]
Recently Comstock’s Magazine, Sacramento’s most prominent business publication, asked me about dangers to look out for when planning your estate. I shared my thoughts on how to avoid potential future estate and trust litigation with Comstock’s writer Jennifer Fergesen. Here are the top five points I discussed:
Misunderstanding Estate Laws and Terminology: Knowing the basics of what differentiates, say, a will from a trust, or how to keep an estate out of probate will help you save time and money.
Getting the Wrong Advice: Experience and credibility matter, so treat finding the right lawyer or financial advisor you’d be looking for the right doctor to manage your health. Ask questions, do some research, and don’t be afraid to [...]
It’s been twelve months since your mom died. You and your sister are your mom’s only children. She established a trust a few years ago.
She made herself the trustee during her lifetime, and her accountant, Mumford Pennypincher, the successor trustee. Your mom’s real estate, securities and bank accounts are assets that are in the trust.
The trust provides for the support of your mom during her lifetime. The trust does not become irrevocable until she passes away. Since the trust is revocable your mom can invade all, part or none of the principal and income for her benefit during her lifetime.
A few weeks after you mom passes away, you ask you own estate planning attorney, Maggie Einstein, to review the trust and explain it to you. M[...]
The 2017 National Survey on Drug Use and Health reported that 1.6 million people related that they had used meth in 2016. Experts report that only 1 in 10 people with addiction receives treatment.
Los Angeles Police Chief Michael Moore conveys that meth is destroying the West Coast. It is now big business for Mexican cartels and U.S. gangs. Brian Hurley, MD, an addiction physician and general psychiatrist at the Los Angeles County Department of Mental Health, says that he often can’t tell whether someone is mentally ill, high on meth or both.
One of the major side effects of meth use is the induction of psychosis. Symptoms of meth psychosis include confusion, delusions, intense paranoia, and visual and auditory hallucinations. So, what [...]