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The Estate Lawyers, APC Legal Blog

Things Celebrities Wish They Knew About Estate Planning and Mental Health

by | Jun 13, 2025 | , , , , ,

It cannot be stressed enough: The importance of proactive estate planning when cognitive decline is or could be occurring, drawing examples from figures like Brooke Astor, Tony Bennett, and Sumner Redstone. It addresses challenges such as undue influence, outdated wills, and guardianship disputes, emphasizing measures like updated legal documents, independent oversight, medical evaluations, and durable powers of attorney. Highlighted during Alzheimer’s and Brain Awareness Month, the article aims to guide families and planners on managing mental incapacity to protect assets and relationships. These strategies ensure dignity, autonomy, and peace of mind while safeguarding legacies from potential conflicts.

Tips for Families Whose Loved Ones Are Living with Dementia

by | Jun 9, 2025 | , ,

Alzheimer’s and dementia. This insidious group of diseases can exact an emotional toll on individuals and families, but that does not mean estate plans have to suffer as well. Here we recommend families educate themselves about these diseases, discuss mitigation measures, and make sure caregivers are given the support they need as well. 

Dementia Does Not Have to Derail Estate Plans

by | Jun 3, 2025 |

Dementia can complicate estate planning in several ways. A common challenge is determining when an individual is no longer legally competent to sign documents – an important but extremely delicate determination that should be ascertained by well-trained medical professionals. Diminished capacity can lead to questions about the validity of the estate plan and increase the risk of allegations of undue influence and coercion of the testator. Read our article for important considerations for planning and executing estates in these situations to mitigate the risk of conflicts and litigation.

Stock Market Volatility and Trustees’ Duties Under the California Prudent Investor Act 

by | May 1, 2025 | ,

Predicting stock market swings is challenging in the best of times. Regardless of market stability, though, trustees in California are required to ensure trust assets are invested carefully and managed closely to protect their value. These duties are spelled out in the California Prudent Investor Act, codified in California Probate Code Sections 16045–16054, and summarized in this post.

Responsible Trust Asset Management: Best Practices 

by | Apr 28, 2025 |

Trustees must manage trust assets with care, skill, and caution, adhering to the Prudent Investor Act and prioritizing beneficiaries’ interests. By following best practices and remaining vigilant, trustees can navigate economic uncertainties and protect the financial health of the trust. Effective asset management ensures long-term stability and fulfillment of fiduciary responsibilities. 

Ensuring Prudent Investing: A Trustee’s Responsibility 

by | Apr 25, 2025 |

Prudent investing is a crucial responsibility of trustees, as it is up to them to protect the assets. The Prudent Investor Act requires trustees to act with care, skill, and caution, ensuring a balanced investment portfolio that mitigates risks while maximizing returns. Following the rules set forth in the Act helps trustees safeguard beneficiaries’ interests.

Stock Market Volatility and Trust Asset Management 

by | Apr 23, 2025 |

Prudent investment management by trustees becomes even more critical during periods of market volatility. By following the guidelines set by the Prudent Investor Act, trustees can protect trust assets from significant losses and ensure the long-term financial stability of the trust. Trustees must remain diligent and prioritize the interests of beneficiaries in their investment decisions. 

Actress Anne Heche Died Without a Will, Son Tries to Settle $4.1M in Claims  

by | Apr 18, 2025 |

The probate proceedings and the resulting complexities of administering actress Anne Heche’s estate stress, once again, the importance of having a professionally crafted estate plan. Such a plan, including a trust, ensures a smoother process and efficient transfer of assets to beneficiaries. The actress died in 2022 without a will. Her estate faces more than $4 million in claims.

Winning Attorneys’ Fees with Cost of Proof Sanctions

by | Apr 17, 2025 |

When a party denies a Request for Admission (RFA) and loses at trial, they might end up paying more than just court costs. Under California’s CCP § 2033.420, litigants can recover attorneys’ fees through cost of proof sanctions. This post explores how strategic use of RFAs can shift the financial burden in litigation—and highlights key cases where courts awarded fees for unjustified denials.

Caregiver’s Effort to Replace Trustor’s Daughter as Beneficiary Thwarted

by | Apr 11, 2025 | , ,

The California Court of Appeals has overturned a probate court decision that had favored an elderly man’s caregiver over the rightful trustee and beneficiary, his daughter. The case centers on the validity of trust amendments and the strategic use of lis pendens, i.e., constructive notice of a lawsuit that affects possession of real property. This ruling reinforces the need to protect clients, particularly vulnerable people, against undue influence, and ensure that there is a source for potential recovery with the procedural safeguards provided by a lis pendens. Clients can feel more secure knowing that the law presumes transfers to caregivers are scrutinized for potential fraud, and that beneficiaries have a stronger legal standing to challenge suspicious amendments to trusts.

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