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Three Ways to Get Disinherited

March 29th, 2017

As trust and estate litigation attorneys, we have been involved in many will and trust contests in which parents have disinherited one or more of their children.  As estate planners, our experience is that children are usually disinherited because they are estranged or have a persistent drug or alcohol problem.  In these circumstances, the disinheritance…

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FINRA Proposes New Rules Designed To Protect Elderly Investors

February 21st, 2017

The Financial Industry Regulatory Agency (FINRA) has recently submitted to the U.S. Securities Exchange Commission a rule change proposal designed to provide more protection for elderly investors. As recently reported by the Investment News, the new rules modify FINRA’s rules that require its members to maintain the confidentiality of their customer’s financial information.  According to FINRA, the new rules are…

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Mental Capacity: A Double-Edged Sword (Cont.)

February 21st, 2017

In early June, we published an article outlining the legal case of Mr. Redstone, age 93, who owns about 80 percent of CBS and Viacom—reportedly a $40 billion media empire.  In that article, we described how mental capacity claims can be a double-edged sword, with contradicting claims being made by his business partner, Mr. Dauman,…

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My Inheritance Was Adeemed! (Or What Happens When Your Dad Leaves You His House, But Sells It Before He Dies)

February 21st, 2017

In plain language, ademption is what occurs in the situation described in the title of this article:  A will leaves a particular piece of real or personal property (e.g., a house, car, dog, watch) to a specific individual, but the item is not in the decedent’s estate at his death.  (Perhaps the decedent crashed the…

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Death of a Conservatee

February 21st, 2017

A general conservatorship usually continues until the conserved person (called the “conservatee”) dies. Courts and conservatorship attorneys avoid the term “permanent conservatorship” because it suggests that the conservatee will never regain their independence. However, in most cases—particularly those involving elderly conservatees—that’s exactly what happens. The article addresses the termination of conservatorships upon the death of…

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Financial Elder Abuse In California Securities Arbitrations

February 21st, 2017

California’s Welfare & Institutions Code provides a series of remedies for financial abuse of those age 65 or older.  For years, financial elder abuse has been plead in investor arbitration claims against brokers and investment advisors.  Nevertheless, arbitration decisions rarely cite California’s financial elder abuse statutes as a basis for an award.  A recent arbitration…

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Right to an Attorney in Probate Code Proceedings

February 21st, 2017

Most people know that a defendant in a criminal case has a Constitutional right to an attorney.  Our clients are often surprised to learn that certain individuals have the right to an attorney in various “protective proceedings” under the Probate Code.  Subject to the discretion of the court, minor children in guardianship proceedings and conservatees…

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