Dennis A. W. Fordham Law Blog

Re-titling assets, like stock and bonds, from one’s name into one’s living trust is necessary to avoiding an unnecessary probate of such assets if held outside of the trust.  Sometimes people fail to transfer some or all of their intended trust assets into their trust.  A general assignment of assets to one’s living trust provides an important safeguard.  Let’s examine what a general assignment is and how it helps to fund one’s trust and avoid a prob... Read More

The law is deeply conflicted when it comes to whether to respect gifts made by vulnerable “dependent adults”.   These are adults who are either unable to take care of himself or are susceptible to undue influence (especially anyone over age 65 years old). The law presumes that gifts by dependent adults either to “disqualified persons” or to their unrelated care custodian (who receives payment for services) are the result of fraud, undue influence or duress, and... Read More

An important estate planning consideration that sometimes gets overlooked is the funeral, burial and memorial arrangements. What do you want? Who do you want to be in charge? How will the expenses be paid? Do you wish to have your burial site cared and maintained on a regular basis? When no such arrangements are made the results can be detrimental for the surviving loved ones. Bickering over the details (such as where someone gets buried) and paying the expenses is common and can get v... Read More

An March, 2011, update on where California stands on implementing the Deficit Reduction Act (DRA) changes to Medi-Cal.  ... Read More

Getting one’s affairs in order is not complete until all loose ends are tied-up.   Loose ends can otherwise unravel some part of one’s estate plan.  Let’s take a look at some common problem areas.... Read More

Lengthy trust administrations enhance the possibility that a beneficiary might die before receiving their full inheritance.  Contingency planning for who receives the remaining inheritance is important.... Read More

Liability for unpaid agents acting under a Power of Attorney. 1/4/2011In 2011, uncompensated agents who act under a power of attorney as another’s agent for financial and property affairs may now be held more easily accountable for a loss to the principal’s property.  Previously, uncompensated agents were not liable unless the loss resulted from the attorney-in-fact's bad faith, intentional wrongdoing, or gross negligence.  That immunity allowed some uncompensated... Read More

 On December 17, 2010, the President signed “stop-gap” legislation to resolve the uncertainty regarding the Estate and Gift tax, at least for the years 2010 through 2012. Let us examine the changes to the estate and gift tax laws.... Read More

Effective 2011, California loosens the restrictions on gifts to caregivers by dependant adults in order to permit bona fide gifts to genuine friends who volunteer as caregivers. ... Read More

Trustees,
Special Trustees, and Trust Protectors:

Who
They Are and What They Do.

 

By
Dennis A. Fordham

Persons... Read More