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Estate Planning

Things Celebrities Wish They Knew About Estate Planning and Mental Health

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 It addresses challenges such as undue influence, outdated wills, and guardianship disputes, emphasizing measures like updated legal documents, independent oversight, medical evaluations, and durable powers of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

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

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.

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

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.

Estate Law Update: Millions More California Homes Eligible to Bypass Full Probate Process

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.

Four Estate Planning Lessons from the Deaths of Gene Hackman and Betsy Arakawa 

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. 

Music Legend’s Family Bears the Weight of Estate Feud Centered on Financial Abuse and Incapacity Claims

Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native Canada, Robertson died in August 2023 at the age of 80 after living with prostate cancer for several years. His death triggered a legal battle over his estate, primarily between his three children from his first marriage, Alexandra, Delphine, and Sebastian Robertson, and his second wife, Janet Zuccarini. The children allege that Zuccarini financially abused Robertson to inherit a greater part of his estate, coercing him to sign documents that were against his intentions while his health and mental capacity were declining. Estate planners and attorneys can learn much from this unfortunate case.

Family to Receive Inheritance After Defeating Estate Challenges 

We are proud to announce a confidential settlement in favor of our client, a family that was embroiled in estate litigation involving disputes over a considerable inheritance and allegations of incapacity. Our team rocked, making sure the heirs will receive hundreds...

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