California Estate Planning Lawyer Blog

Losing a loved one is one of the most heartbreaking experiences that a person can go through in life. Even as a person is grieving over their loss, however, he or she may still have to make sure that decedent's estate is settled. In a perfect world, the surviving loved one(s) tasked with settling an estate, or working with an executor to settle an estate, will be knowledge about a number of matters:

· Whether there is a will or a living trust
· The names (and account numbers) of the decedent’s banks and/or brokerage firms
· Whether the decedent had a safe deposit box
· Where the will and living trust documents are located

Here are some steps to take to help settle the estate after your loved one has died. If you are the executor, it will be your job to make sure that these matters are taken care of. Even if you are not the executor, you may want to take part in settling these affairs of estate:

· Locate and read the will.
· If you are not the executor of the estate, then contact the executor.
· Consider whether you need the help of an estate planning attorney to settle certain financial and personal affairs for your loved one.
· If there is a will, look into starting the probate process and make sure that the executor begins proceedings immediately.
· Account for your loved one’s assets—those that are listed in a will or trust and those that are not.
· Locate documents pertaining to your loved one’s assets, such as insurance policies, benefit information, retirement plans, etc.
· Notify the relevant government agencies, as well as banks, creditors, etc., of the death.
· File any life insurance claims.
· File the deceased’s last taxes.
· Open a checking account in the estate’s name.

Continue reading "Estate Planning Following A Loved One’s Death" »

The granddaughter of Madeline Neumann, a 92-year-old woman who had specifically requested in her living will and advanced directive that she not be placed on life-prolonging devices at the end of her life, is suing one of her grandmother’s doctors and the nursing home where Neumann had been living. There has already been a mistrial in this case.

In her civil lawsuit, Linda Schieble is seeking unspecified damages from Dr. Jaimy Bensimon and the Morse Geriatric Center staff in a civil lawsuit in which she cites breach of contract, negligence, and battery.

In a Florida courtroom earlier this week, Dr. Bruce Berman, a witness, testified that what happened to Neumann was “assault, plain and simple” when she was kept on life support for six days despite her wishes after she was found unresponsive on October 17, 1995. (Bensimon told paramedics to take her to the hospital where she was intubated and hooked up to life support machinery until she died.)

Berman also said that when reviewing the deceased woman’s files, he discovered that many of Bensimon’s actions did not adhere to the “generally accepted standard of care.” Berman also said that Bensimon should have asked Neumann (she suffered from Alzheimer’s and had a seizure disorder) to file a DNR (Do Not Resuscitate) order and he should not have ordered nurses to call 911 because of what Neumann had stipulated in her living will about her end of life care.

Continue reading "Trial Continues In Case Involving Woman Whose Living Will Was Not Followed By Her Doctor And Nursing Home Staff" »

A California Appeals Court says that it cannot order a trustee to pay restitution to a victim of a violent crime that was committed by a beneficiary of the trust—if a trust’s terms give the trustee discretion over whether to pay the trustee and the trustee hasn’t made any payments.

Division One was affirming an earlier ruling by a Los Angeles Superior Court judge, who said that he didn’t have the authority to order the trustee to use trust funds to pay Richard Young’s restitution.

Richard Young sustained injuries in 1997 after being shot by his brother Steve at his mother’s house in Woodland Hills. Steve was convicted of attempted murder and sentenced to life in prison plus 13 years. Richard then sued his brother for his injuries, obtaining a $1.275 million default judgment.

Lucille Young, their mother, had amended her testamentary trust to name Kathy Jayne McCoy as her successor trustee. She also asked that the trust be held for Steve Young for the rest of his life. The remaining assets would go to the Christian Science Foundation after his passing. Mrs. Young passed way in 2005.

Continue reading "California Court Says Crime Victim Is Not Allowed To Receive Restitution From Attacker’s Trust" »