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Los Angeles Probate & Estate Administration Law Blog

Why Amanda Bynes parents can't seek California conservatorship

It could be difficult to find one person in California to disagree that ex-child star Amanda Bynes has been acting strangely. Trouble with Los Angeles police led to the young woman's arrest last year on DUI and hit-and-run charges. Bynes has since fled the city for New York, where her unusual behavior continues to attract attention.

Observers might wonder why the former star's relatives, manager or friends haven't stepped in to help Bynes. After all, singer and former child star Britney Spears was placed under a conservatorship by a probate court. Why not Bynes?

Can a California parent disinherit a child?

The short answer is "Yes," although the emotional response is usually "Why would you do that?" Los Angeles attorneys know that no two estate plans or plan creators are exactly alike. Individual personalities, family disputes and relationship dynamics color the content of wills, trusts and other estate documents.

Legitimate reasons exist for a parent to disinherit a child. A common belief is that children cannot be excluded from a parent's estate. That is often, but not always, the case when a person dies without a will in place. The intention to disinherit a child must be included in a decedent's estate plan.

Los Angeles widow's future hinges on probate hearing

One of the primary duties of an estate planning attorney is to translate a person’s wishes into legal language that casts no doubts in court. Heirs, beneficiaries and probate judges cannot quiz a decedent. Estate choices a person makes while alive must be absolutely clear to avoid misinterpretation.

Most California estate plans are not created with the intention to shock heirs and beneficiaries. Disappointment among relatives frequently leads to costly, time-intensive probate litigation. Outdated and poorly-constructed estate plans inadvertently cause family rifts that may never heal.

California--based Google introduces digital asset manager

Periodic reviews of California estate plans are necessary to keep legal documents in line with personal, family and financial changes. Anticipated events, like marriage or childbirth, and unfortunate occurrences, like divorce or family death, can have instant effects on estate planning documents.

Drafting estate planning documents takes extensive thought and planning. It makes no sense to throw out all that effort by failing to update wills and associated estate documents.

Do new federal laws make California estate plans obsolete?

Los Angeles attorneys will answer "no" to this question, but there are good reasons. The focus of estate planning seems to have narrowed to tax avoidance, which legal experts admit is a vital part of any estate plan. Many individuals forget that complete plans go well beyond keeping assets from the IRS.

The American Taxpayer Relief Act of 2012 was an anxiety reliever for many Californians. The law continued generous estate tax and gift exemptions. The $5.25 million individual threshold for tax-free gift giving or asset transfers eliminated tax worries for many wealthy people.

How nine opinions could sway California estate plans rules

The subject of gay marriage drew a negative reaction from most U.S. residents in polls taken a decade ago. At the time, Pew Research Center reported a 58 percent opposition to same-sex marriage. A new survey shows a remarkable change in society. The gay marriage approval rate shot up to 49 percent.

The U.S. Supreme Court recently heard arguments on two cases, one of them concerning California's Proposition 8 law which limits legal marriage to a male-female union. The justices' rulings in June could impact pensions, taxes, real estate ownership, insurances, health care, wills and estate administration for gay couples.

Ex-California actress takes a stand against estate property sale

Tara Tyson Kulukundis was never well-known for her acting talents in New York or Los Angeles. The off-broadway and bit-part television actress did enjoy some notoriety decades ago and lived a comfortable lifestyle, at least until the death of her husband Manuel Michael Kulukundis.

The late, Greek-shipping tycoon died three years ago leaving behind a trust containing about $50 million for his heirs. Very little of the family members' inheritance was liquid. Two executors were assigned to settle four valuable properties, including a New York beach home that the 68-year-old widow has refused to vacate.

Use estate mediation to prevent California heir wars

Many people in California are familiar with mediation in divorce. Spouses who employ mediators often save money and time by resolving sticky issues like asset disputes without prolonged, emotion-fueled litigation.

For many of the same reasons, mediation is also used to settle heirs' arguments over estates. Successful mediation is a low-key answer to what otherwise might be a lengthy, costly, unsatisfactory battle in probate.

How general and limited California conservatorships differ

Sometimes incapacity prevents a person, like an elderly parent or a developmentally disabled child, from making sound life decisions. Conservatorships provide a legal remedy to protect vulnerable loved ones from financial and other abuses.

Probate conservatorship is the judicial process by which a conservator is appointed to make choices for a conservatee. With proof of incapacity and a court's permission, some or all of the legal and civil rights of a conservatee are transferred to a conservator.

Use a California will to define online property ownership

Millions of people in California employ social media sites to share information and images every day. Beyond the public presence, consumers are also dependent upon online sources for financial transactions that may not be recorded or stored in any other form.

Estate planning attorneys and clients concentrate heavily on tangible asset distribution and protection. A secondary but equally important consideration is how to manage access and ownership of electronic assets, like a Facebook page or an online bank account.

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