Trusted litigation services for protection of elders and their legacies
Estate planning necessarily focuses on financial assets, property distribution, and medical care preferences. But for individuals who suffer or are at risk of developing mental illnesses, estate plans should address care for their specific needs. Importantly, just as with physical maladies, people can experience periods of mental health conditions that fluctuate over time.
Jimmy Buffett, loved by many for his iconic hits like "Margaritaville," passed away on September 1, 2023, after battling Merkel Cell Skin Cancer. His estate, valued at approximately $275 million, is now at the center of a legal battle between his widow, Jane Buffett,...
Statistical trends underscore the urgent need for inclusive planning, support systems, and legal tools that recognize both the vulnerabilities and the unique capabilities of neurodivergent individuals. While individuals with these conditions may not be legally incapacitated, they may still require support in managing their finances, healthcare, and daily living activities.
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 It addresses challenges such as undue influence, outdated wills, and guardianship disputes, emphasizing measures like updated legal documents, independent oversight, medical evaluations, and durable powers of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.
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 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.
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.
California Assembly Bill 2016 went into effect on April 1, 2025, raising the threshold on the value of primary residences that can bypass the full probate process to $750,000. This is a substantial increase from the previous limit of $184,500 set in 2019, meaning many more primary residences are eligible for the simplified petition process. This is great news for many who will avoid the lengthy and costly full probate procedure. Still, it is no replacement for comprehensive estate planning.
The deaths of famous actor Gene Hackman and Betsy Arakawa illustrates the need for comprehensive estate planning that goes beyond drafting a will. Estate planners should work with clients to develop a holistic plan that includes trusts, powers of attorney, healthcare directives, and beneficiary designations. But the most important lesson from this case is the need for contingency planning for lost beneficiaries and agents, and the testators themselves should they become incapacitated or unable to live unassisted.
The Estate Lawyers reports on positive imminent changes to California probate code which means more homes will be eligible for the simplified probate process. Still, this does not obviate the value of a solid trust.