Under the probate laws of California and every other state, if a person fails to make an estate plan or leave a last will and testament, his or her estate will automatically pass to the next-of-kin, as defined in law. That may lead you to think of estate planning as…
Jose Marbaix died in March 2011. Marbaix, who was in her 80s, apparently had no living heirs, and her estate plan apparently consisted of a handwritten-or holographic-will found after her death by the Los Angeles County Public Administrator’s office. Every California county has a public administrator to oversee estates where…
Conservatorships are often thought of in the context of a person caring for an elderly parent who is no longer capable of making his or her own decisions. But conservatorships can also involve a parent caring for a physically or developmentally disabled adult child. These situations raise complex legal questions…
When an elderly parent becomes unable to make his or her own decisions regarding finances and medical care, an adult child or other person must assume the role of conservator. Through proper estate planning, a person can nominate, in advance, a conservator to act should the need arise. In the…
Susan Cox Powell disappeared in December 2009. The former West Valley City, Utah, mother of two was last seen attending church with her family. Police and West Valley City residents long suspected Powell’s husband was responsible for her disappearance (and presumed death). Tragically, the husband killed himself and his children…
On June 26, the United States Supreme Court handed down two decisions addressing same-sex marriage. One case dealt with Proposition 8, an initiative adopted by California voters in 2008 banning same-sex marriage in the state. The second case was a constitutional challenge to the Defense of Marriage Act (DOMA), a…
The Los Angeles Times recently reported on the plight of Marianne Blend, a 78-year-old woman facing the loss of her home due to what the Times called “probate confusion.” Bland’s problems arise from the 2011 death of Fernando Neri, her longtime partner. Bland and Nerri lived together as husband and…
It’s an unfortunate reality that death often results in litigation. If a person dies as the result of injuries caused by others, that person’s estate may seek restitution in the courts. There may also be litigation over debts owed to the deceased. The possibility of postmortem litigation is just one…
The political and legal debate over California’s policy towards same-sex marriage reached the Supreme Court on March 26 when the justices heard arguments in Hollingsworth v. Perry. This is the first of two cases where the Court may address the federal constitutional rules governing same-sex marriage. The Hollingsworth decision in…
While the status of same-sex marriage in California remains pending before the United States Supreme Court, domestic partnerships remain a legal option for any two adults–regardless of gender–who wish to register their relationship with the state. California law affords registered domestic partners the same “rights, protections, and benefits” as spouses.…