CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Lack of Capacity

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Is Donald Sterling Crazy, or is Shelly Sterling Crazy Like a Fox? How a little known California Trust provision could save or sink a $2 billion deal

Posted in Lack of Capacity, Trust Administration, Trustee Removal, Uncategorized
One of the biggest benefits of creating a revocable, living Trust is that it allows your successor Trustee to manage your affairs if you lose capacity.  Sounds good, but who decides when your capacity is kaput? That will be the question for the Court to decide on Monday, July 7th when a Los Angeles County… Continue Reading

When is Your Capacity Kaput?

Posted in Lack of Capacity
If you went to the trouble to create a California estate plan that includes a revocable Trust, durable power of attorney for financial assets, and a healthcare directive, you probably have a capacity provision in each of these documents.  The capacity provision says that your successor Trustee or successor agent (under the durable power of… Continue Reading

The Eyes are the Window to the…Diagnosis for Alzheimers?

Posted in Lack of Capacity, Undue Influence
This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity.  To prove lack of capacity requires evidence of a mental defect, such as dementia or Alzheimer’s disease.  Alzheimer’s also plays a role in proving a weakness of mind—required for undue influence.… Continue Reading

Capacity Issues: Different types of capacity required for California Trusts vs. Wills

Posted in Lack of Capacity
California Wills and Trusts are not created equal.  In this video, we describe the basic differences between the mental capacity required for California Will creation and the mental capacity required for California Trust creation.  For those viewing this blog by email subscription, you can click on the title for a link to the video.… Continue Reading

Coping with Incapacity: How Trust Planning Is Life Planning

Posted in Estate Planning, Lack of Capacity, Will Creation
How does your trust help you while you’re alive?  Many people think of trusts as death planning instruments–the type of thing that only operates upon your death. But trusts have a critically important role to play while you are alive in the event you lose capacity.  People are living longer and the likelihood of being… Continue Reading
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