California Estate Planning Lawyer Blog

A 76-year-old woman who says she was duped into signing her power of attorney over to a couple has finally gotten her house and cars back. Euna Dement, now bedridden and living in a nursing home, says that last year, Jeanette Tidwell and her husband Tommy Lee Tidwell, Sr. conned her into signing over her power of attorney to them. Dement says that the couple later put her in a nursing home and left her there. The Tidwells are being charged with felony theft and exploitation of the elderly. They are scheduled to stand trial beginning March 5.

Last February, Dement had nearly $92,000 in her bank account. One month later, there was just a little over $1000 left. Her home and her two cars were also gone. She also says that the Tidwells stole her Sony television and her sofa.

A lawyer helped Dement get her cars and home back.

Power of Attorney:
A power of attorney is a legal document that bestows authority on the appointed person to act on behalf of the principal (the person bestowing the power of attorney). The person given the power of attorney is called the attorney-in-fact. A power of attorney lasts until the principal terminates the power of attorney, becomes incapacitated, or passes away.

Continue reading "Elderly Woman Who Says She Was Conned Into Signing Over Power of Attorney Gets Her House Back" »

Helen Jones, a widow from Yucaipa whose conservator case exposed the shortcomings of the conservatorship system in California, passed away from pneumonia and other complications last week at the age of 88.

During her lifetime, Jones had amassed over $560,000 in savings from working a number of blue-collar jobs. Four years ago, Melodie Scott, the head of CARE (Conservatorship and Resources for the Elderly, Inc.) filed emergency court papers and petitioned a California probate court with the request to become Jones’s conservator of her estate. The court awarded Scott control over Jones’s finances. Jones, then 82, was living alone, had trouble hearing, and needed help walking long distances and maintaining her home. But when she signed the one-paragraph document that had been given to her, she thought she had enrolled in a low-income utility plan. She hadn’t intended to appoint Scott as her conservator.

Continue reading "Elderly Woman Whose Conservator Case Helped Spark Legal Reform In California Dies" »

In an emergency petition filed in probate court on Wednesday, the six adult children of James Brown are asking for the removal of the three men who are the appointed trustees of their father’s irrevocable trust.

Yamma N. Brown Lumar, Daryl J. Brown, Deanna J. Brown Thomas, Vanisha Brown, Terry Brown, and Larry Brown are claiming that trustees Albert Dallas, Alford Bradley, and David Cannon are not fulfilling their fiduciary duties and instead have dissipated and mismanaged their father’s assets and income. In their 33-page filing, Brown’s children requested that the three men be blocked from entering Brown’s Beech Island mansion in South Carolina. Although sheriff’s deputies arrived at the estate, they did not arrest the men, who are legally in charge of the Godfather of Soul’s assets.

The three trustees are disputing the accusations. Dallas is questioning the children’s motives, saying, "These are the same children who sued their own father." In 2002, Yamma Lumar and Deanna Thomas had sued Brown for songwriting royalties and credits for “Get Up Offa That Thing.” The case was settled, although the terms remained private.

The household and personal effects of Brown are being equally divided among the six adult children. His seventh and youngest child, James Brown Jr., age five, was left out of his father's will. James Brown Jr.’s mother, Tomi Rae Hynie, claims she was legally married to Brown at the time of his death, and she plans to sue for half of his estate for herself and their son.

Most of Brown’s estate, however, which includes his mansion in South Carolina and his music rights, are in an irrevocable trust.

Continue reading "Adult Children Of Deceased Singer James Brown Want Trustees Of Father’s Irrevocable Trust Removed" »

According to a California Appeals Court, evidence that a deceased person, while he was alive, acknowledged someone as his biological child on a number of occasions is enough to establish that the decedent and the individual had a father-child relationship for inheritance right purposes under California probate law.

The court was affirming a ruling by the Ventura Superior Court judge, who determined that an Ohio man was entitled to an equal share of his biological father’s estate. His biological father did not leave a will.

In 1971, Dale Agnew was born to Oxnard resident Gregory Burden and Sally Routt. Upon discovering Routt’s pregnancy, Burden proposed marriage and did not deny that he was Agnew’s father. Routt turned down his proposal and married Chris Agnew, who is named as Dale's father on the birth certificate.

Agnew did not know that Burden was his biological father while growing up in Ohio, until he turned 18 and his mother told him about Burden. Agnew later met Burden’s siblings and grandmother. When Agnew spoke with Burden over the phone for the first time, Burden said he was sorry for being an “inactive” father and informed him that he had a half-sister—although Burden did not want Agnew to meet her.

Continue reading "California Appeals Court Says That Acknowledged Paternity Gives Man Right To Inherit" »

A 2-month-old baby who had been reported missing in Texas after his mother took him out of town and returned home alone the following day was found in Buena Park, California.

Last Tuesday, Isiah Ramirez was found with an unidentified couple who said they saw a story online detailing that the child had been reported missing. The couple say that a woman at a gas station near Columbus, Florida gave Isiah to them along with legal documents she said would give them legal custody of the boy.

One week before Isiah’s disappearance, family friend Gracie Martinez had been given custody of the child through a legally binding temporary child custody affidavit.

Teenparents.org provides the following questions and answers regarding legal guardianships:

What is a legal guardianship?
A legal guardianship is a formal decision by a judge that suspends parents' custody of their child and gives custody to a non-parent.

Who can be a legal guardian?
Any adult, 18 or older, can serve as a legal guardian for a child under 18. Usually, a relative or family friend serves as a child's legal guardian.

Continue reading "Prior To Disappearance, Missing Baby Found In California Had Been Given To A Temporary Legal Guardian " »

The lawyer for Tomi Rae Hynie, the woman who says she is James Brown’s fourth wife, says she will contest the deceased singer's will and go to court to prove that she was legally married to him when he died, thereby entitled to half his estate under probate laws. Hynie also wants her five-year-old son with Brown, James Brown Jr. to inherit his 1/7th of her 50 percent. The young boy was left out of his father’s will, which Brown signed 10 months before his youngest son was born.

According to Brown’s attorneys, Hynie married Brown, but their marriage was not legal because she was still married to someone else at that time. Hynie annulled her previous marriage, but Brown’s attorneys say the two were never legally married.

James Brown’s coffin remains at his Beech Island home until family members can decide where to bury him. Most of the deceased singers assets are in an irrevocable trust that is separate from his will. Hynie and their son are not named as beneficiaries of his trust either. The trust leaves money to fund the education of his grandchildren and to help needy children. The Irrevocable Trust Agreement of James Brown was established in 2006.

An irrevocable trust cannot be changed or modified by the grantor. By setting up this type of trust, the grantor removes him or her from having rights over any assets placed in this trust. Only a trust’s beneficiary can authorize any changes that can be made to an irrevocable trust.

Continue reading "Woman Who Claims She Is James Brown’s Fourth Wife To Contest Will" »

Singer James Brown’s will does not name his partner, Tomi Rae Hynie, and their five- year-old son as two of the benefactors. The will was made in 2000, more than one year before his marriage to Hynie and ten months before the birth of their son.

According to Brown’s probate lawyer, the will was signed by the singer in August 2000 in Aiken, South Carolina. Brown’s attorneys say that Hynie is not legally the deceased singer’s widow because she was still married to another man when she married Brown.

Although Hynie eventually annulled that other marriage, she and Brown never renewed their marriage vows after this. Hynie, however, says that she was legally married to Brown. According to an attorney for Brown, the singer tried to have his marriage to Hynie annulled in 2004, but he decided not to go forward with the process.

The will, read last week, says that Brown’s personal effects are to be equally divided among his six adult children. Since the other children are named as benefactors in the will, Brown’s attorney says that his five-year-old son is not allowed to contest the will. James Brown died on December 25, 2006.

Updating Wills

If you are someone who has chosen to make a will, it is important that you update your will regularly to make sure that it is current. Nolo.com provides a list of when you might want to consider updating your will:

Continue reading "James Brown’s Will Was Written Before Birth Of Son " »

In Bakersfield, California, the children of Elizabeth Leon, a 22-year-old mother who was murdered in East Bakersfield, will continue to live with their grandparents. Jorge Tovar, 1, Bianca Tovar, 4, and Roxanne Tovar, 2, were found in Los Angeles with their grandparents after their mother was murdered on December 21st.

The Tovar children’s grandparents have been approved by Child Protective Services to be their guardians, but it will be up to the court to make a final decision regarding guardianship.

A probate guardianship is the appointment by the court of an adult or adults, who are not a child’s parents, to have legal guardianship over the child.

There are two kinds of guardianships. The guardian of the person and the guardian of the estate.

The Superior Court of California, County of Santa Clara’s Self-Help Center offers the following information about the responsibilities that a probate guardian might take on:

Continue reading "Grandparents of Of 22-Year-Old Mother Murdered In Bakersfield Are Approved For Guardianship" »

In California, over the last six months, more than half a million people have signed up to be organ donors on the Donate Life California Registry. The increase of potential donors is a result of a statewide push toward donation efforts. Since July, Californians are now able to automatically register to donate their organs by checking a box on a form when applying for or renewing their driver’s license at the DMV. There are now at least 865,000 participants listed in the registry.

Approximately 20% of the nearly 95,000 people in the U.S. awaiting organ transplants live in the state of California.

There are also other ways to donate one’s organs. A person can make their request in their living will. You may also appoint someone with the Powers of Attorney for health care to authorize this decision for you should the time come and you are rendered incapacitated and unable to so yourself.

Living Wills
This is a document that explains exactly the type of care you want or don’t want in the event you become incapacitated. In California, this is known as a Living Will or an Advanced Health Care Directive.

Continue reading "On Donate Life Registry, Over 500,000 Californians Sign Up To Donate Organs" »

The boyfriend of a woman who was killed by a former neighbor last year was arrested for allegedly forging his girlfriend’s signature on a bogus will in an attempt to inherit her entire estate.

According to prosecutors, Ed Blomfield is accused of forging his late girlfriend Beverly Graham’s will. Blomfield and her parents began fighting over her state almost immediately after her death because they couldn’t believe that she would leave her entire estate ($750,000 worth in possessions, money, and a condo) to Blomfield.

Graham had been murdered in her condo last January by former neighbor Jennifer San-Marco, who then went to her former workplace, Goleta Postal Distribution Center, where she shot and killed six other people before shooting herself.

Detectives say that evidence found in Graham’s apartment incriminates Blomfield in the forgery. A forensic document expert also confirms that the will was forged. Blomfield, his sister, and a friend are each being held on $500,000 bail in Santa Barbara County Jail on charges of burglary, forgery, financial elder abuse, and conspiracy.

The Superior Court of California in the County of Santa Clara provides the following information regarding when a will can be contested and by whom:

Continue reading "Man In California Arrested For Forging Signature Of Murdered Girlfriend On Bogus Will" »

Jennifer Ann Wenger, 53, a court-appointed conservator accused of embezzling more than $900,000 from a 92-year-old woman’s estate says she is not guilty of the charges. Wenger was arrested last month on suspicion of stealing money from Goldie Carlova’s estate. Carlova is a former London fur designer whose husband wrote novels.

According to family members and probate documents, after her husband died in 2000, Carlova suffered from health problems and needed help handling her finances. A court appointed Wenger to help Carlova. Wenger was a private conservator who worked in Orange, San Bernardino, and Riverside counties.

After Carlova’s death in 2004, Wenger succeeded in petitioning the court to become the appointed administrator of the estate. Carlova's estate, which included her Lake Forest home, several bank accounts, annuities, and a 1982 Buick as assets, was valued at $1,064,700.

According to prosecutors, Wenger wrote 65 checks to herself from Carlova’s estate between 2004 and 2006. They are also accusing her of taking the eight annuity checks that were erroneously issued to Carlova after her death and placing them in her own account. Patricia DeRousie-Webb, Carlova’s niece, said she notified the Orange County Sheriff’s department after the bank had contacted her to let her know that there was suspicious activity taking place in her aunt’s account.

Continue reading "Conservator In California Pleads Not Guilty To Stealing $900,000 " »

Solano County’s Financial Abuse Specialist Team helps senior citizens avoid trust scams, especially “trust mills” that claim to be offering revocable trust plans when they are really selling insurance and unnecessary annuities.

The California Advocates for Nursing Home Reform says that with trust mills, the elderly seldom benefit financially and can actually lose a substantial amount of their resources and access to remaining funds when purchasing annuities from such companies.

When wishing to set up a trust, there are a number of recommendations for the elderly that Iowa Senator Chuck Grassley, former Chairman of the Senate Special Committee On Aging suggests, including:

• Choose a financial planning advisor carefully.

• Ask first for a written list of credentials.

• Call references.

• Talk to several experienced estate planning attorneys licensed in your state about the anticipated cost of drafting a will, living trust, or other estate planning documents. Ask, too, about how much probate costs and how long it takes.

Continue reading "To Set Up Living Trusts In Solano, California, A Specialty Team Helps Senior Citizens Avoid Trust Scams" »