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Los Angeles Probate & Estate Administration Law Blog

Don't forget your legacy when you do your estate planning

When you and your attorney are crafting your estate plan, you're obviously focused on where you want your assets to go after you die -- to family members, non-profit organizations and other beneficiaries. You also need to make important decisions about how to help your heirs avoid probate and what executors to choose for various aspects of your estate.

However, even people who take great care in their estate planning often forget to ask themselves one very important question: What kind of legacy do I want to pass on to my loved ones?

Have you signed a HIPAA release?

Imagine you suffer from a catastrophic health event. Maybe you have a stroke or you get into a car accident that leaves you unconscious and incapacitated. Your sister -- who is the closest person to you -- arrives at the hospital and asks the doctor about your condition and the doctor refuses to give her the information.

In refusing to disclose information, the doctor cites the Health Insurance Portability and Accountability Act. He says to your sister, "I'm sorry. There's nothing I can do. You need to go to the court and get the proper authority before I can share your brother's medical information with you."

What can I do to ensure that my living trust is honored?

One of the main reasons individuals elect to set up a living trust is to ensure that their assets can be passed on to their loved ones per their wishes without having to go through probate.

Setting up one can also serve as an easier way for an individual to manage his or her assets if he or she becomes incapacitated. It also can ensure that the beneficiaries of the trust maintain a certain decorum long after you're gone in order to continue receiving payouts from it.

Avoiding the legal perils of leaving money to caregivers

Many people who are old and/or sick rely on non-family caregivers in the later years of their lives. Not surprisingly, they often want to remember these people in their will.

However, if other family members weren't aware of what a special bond their loved one had with a caregiver and weren't kept up-to-date on the provisions of that loved one's will, they might reasonably believe that the beneficiary exerted undue influence to get the will changed. They might even suspect that their family member's signature was forged or coerced.

Marrriott heir claims he's been cut off for divorcing

Nearly everyone here in Southern California has stayed at a Marriott hotel at some point. The Marriott company is the world's largest publicly-traded hotel chain. However, all is not well with the family behind it.

John Marriott III is alleging that his father has forced him out of the business and has taken away his trust fund and essentially disowned him. He says that these actions were taken because he divorced his wife two years ago. The Marriotts are Mormons. That's a religion in which divorce is strongly discouraged.

Consider these things as you choose a guardian

As we grow older, there comes a time when it is wise to consider giving another person the authority to make important legal and financial decisions on our behalf. These individuals may have a variety of duties, depending on the needs of the person they serve, and may go by a number of titles denoting their specific obligations and privileges. For the sake of brevity, we'll address legal guardianship.

When you begin considering who should serve as your guardian, it is important to understand the kind of person who is likely to serve you well. Should you allow emotional factors or pre-existing relationships to carry too much weight as you consider your options, you may choose a guardian who does not fully meet your needs, or who may use your resources unfairly.

Secure and appraise art collections during the probate process

If you are an estate administrator tasked with the probate of an estate involving a large, expensive art collection, there are certain things that must be done in order to preserve harmony among the beneficiaries.

Paintings, sculptures and other artwork can have great sentimental as well as financial value. While not negating any of the sentimental value for the beneficiaries, estate administrators must concern themselves primarily with the market value of the collection as a whole and for each individual piece as well.

Keeping your estate plan current is essential

Having an estate plan is wise for those who want to ensure that their wishes for the dispensation of their assets are carried out after their death. With an estate plan, you can also designate who will make decisions regarding legal, financial and health matters for you if you are unable to do these things for yourself.

Business owners should have a particular interest in having an estate plan in place in order to ensure that their business transfers to the person(s) they choose after death and that it continues to run as they would like regardless of what happens to them.

Should I use an attorney when making a will?

When you begin considering making a will, you may consider a number of different ways to go about it. Some people choose to simply make wills on their own, many of which meet the requirements needed to hold up in court. However, involving an attorney has a number of benefits you may have yet to consider.

A will can only provide guidance in the areas where you make your wishes known. The reasons you have for creating a will may be perfectly good reasons, but they may also completely ignore areas of interest that you simply don't know about. Enlisting help from an attorney ensures that you'll have professional guidance through all of the areas where a will is generally useful, including issues you might otherwise miss entirely.

Potential problems for those executing powers of attorney

A loved one named you as the agent (also known as an attorney-in-fact) for his or her power of attorney (POA). Now the time has come for you to act on your designated responsibilities.

When the person is no longer able to take care of his or her affairs, this role is crucial. That's why it's essential to get an agent's permission before you make that designation and ensure that they understand the responsibilities involved.

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