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Author Archives: Roger Billings
Is a Conservatorship Right for Your Family? Part 1: Disadvantages
Is a conservatorship right for your family? Usually the answer is no. Conservatorships are drastic, expensive, and stir up controversy, and yet most of the time they could have been avoided with some advance planning. Let’s review the cons of a … Continue reading
Posted in Conservatorships, Incapacity Planning, Probate
Tagged Conservatorships, Expense, Incapacity, Incapacity Planning, Loss of Rights, Privacy
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Responding to Probate Court Petitions
You find out about a Probate court petition that you do not agree with. What do you do? According to Keith Davidson of the California Trust Estate & Probate Litigation Blog: When faced with a Probate Court Petition that you … Continue reading
Posted in Probate
Tagged Attorneys, Objections, Probate, Probate Court, Probate Petitions
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The Election’s Impact on Estate Planning
This election raises more issues of policy and personal character than can even be listed in one post. An issue which does not get much coverage in the media is the potential impact of the election on estate planning. Hillary … Continue reading
Posted in Estate Planning, Federal Estate Taxes, Gifting
Tagged Donald Trump, Election, Federal Estate Tax, Gifting, Hillary Clinton
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Does it Count as Book Burning When it is a Book of Legal Citation Formats?
A prominent US Circuit Court judge, Richard Posner, has advocated burning the Blue Book: A Uniform System of Citation, which has long been the bane of existence for first year law students. According to Paul Caron of the TaxProf Blog: … Continue reading
Posted in Law, Uncategorized
Tagged A Uniform System of Citation, Blue Book, Book Burning, Judge Posner
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Courts Increasing Scrutiny of Conservatorships
There are good reasons for courts to impose conservatorships, particularly to protect individuals vulnerable to fraud. But the conservatorship order has a drastic effect. It takes away the right to manage a person’s own affairs. Some courts have been increasing the … Continue reading
Posted in Conservatorships, Estate Planning, Incapacity Planning
Tagged Auditors, Conservatorships, Expense, Incapacity Planning, Scrutiny
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Getting a Conservatorship Protected Their Mother
Their mother was required to mail the organizer $2,500 to receive her prize. Conservatorships are not cure-alls or panaceas, but they do have a particularly important role in protecting vulnerable adults from being taken advantage of. A surprising discovery by two sons managing their mother’s … Continue reading
Posted in Conservatorships, Disability, Guardianships, Incapacity Planning
Tagged Conservatee, Conservator, Conservatorships, Dementia, Undue Influence
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Keep Your Plan Up-to-date
Successful estate plans are those that accurately express your wishes. As wishes change, the plan needs to be updated. A new year is a good time to review your estate plan and make sure it is up-to-date. Time Magazine published a … Continue reading
Posted in Estate Planning, Life Insurance
Tagged Estate Plans, Fiduciaries, life insurance, New Year, Updates
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