A recent news article in the Detroit News offers a number ideas of matters to consider when you are planning your estate (Remember, however, that each person’s estate is unique. It is important that you speak with an estate planning lawyer about the particulars of your estate so that he or she can advise you, as well as help you select the best estate planning tools for your needs):

- If you decide to make a will or trust, make sure that you name all of your beneficiaries and are clear about who gets which of your assets.
- Remember to appoint an executor or trustee to manage and distribute your assets after you are gone. It is important that you choose an executor or a trustee that you know you can trust and who is capable of doing the job.

At Sagaria Law, P.C., we can advise you on setting up your estate plan—whether you need help making a will or setting up a specific kind of trust. We can also advise you on who to appoint as your executor, as well as help you make a living will and any other estate planning documents.

With our offices conveniently located in Monterey, Fremont, and San Jose, our estate planning attorneys represent clients throughout Santa Clara County, Alameda County, and Monterey County, including the cities of Burlingame, Campbell, Cupertino, Oakland, Carmel, and Morgan Hill. To schedule your free consultation with Sagaria Law, P.C. contact us today.

How to avoid an estate nightmare, Detroit News, February 17, 2007

Related Web Resources:

Estate Planning FAQ's, American Bar Association

Estate Planning, Cornell Law School

Westmoreland is accused of stealing from her elderly victim and using his assets for her personal use. The victim was a nursing home resident who used to live in a trailer park belonging to Westmoreland. He signed a power of attorney document with the expectation that she would take care of him.

After he signed over his power of attorney, Westmoreland transferred $200,000 that belonged to him into her accounts. She understated the assets when she filed an application for Medicaid benefits for him, defrauding Florida’s Medicaid program of over $61,000.

· The authority to sell or buy real estate for you, the principal (the person who executes the power of attorney).
· Oversee and manage your property or other assets.
· Handle your finances, transactions, and investments.

You can also appoint a Durable Power of Attorney for Health Care who can act on your behalf regarding medical decisions, should you ever become incapacitated.

It is important when giving someone power of attorney to choose someone whom you can trust, such as a relative, a close friend, or a professional. The powers that you are giving your agent can greatly affect your financial affairs and your life, and you want to make sure that you appoint someone who will not abuse the powers that you’ve given them and will act in your best interests. Although the agent you appoint will have the power to act in your behalf, as long as you are able to do so, you can direct your agent regarding what you would like them to do for you.

An agent must act in your best interests and avoid acting in their best interests in matters involving your appointment. They must keep their finances and assets separate from yours and keep detailed records of any activities that they perform for you. They also have to be able to account for any funds and properties related to your estate.

A power of attorney can be revoked by you at any time.

Sagaria Law, P.C. is an estate planning law firm located in Monterey, Fremont, and San Jose that services clients in Alameda County, Monterey County, and Santa Clara County, including the cities of Los Gatos, Menlo Park, Fremont, Oakland, San Jose, and Foster City. We represent clients in power of attorney, power of appointment, living trust, living will, and other estate planning matters. Contact Sagaria Law, P.C. today for your free consultation.

Woman Sentenced For Elderly Abuse, PNJ.com, February 14, 2007

Related Web Resources:

Power of Attorney, Probate Court, Superior Court of California, County of Santa Clara

Power of Attorney, Nolo

Rosa Parks passed away on October 2005. She left nearly all of her assets to Rosa and Raymond Parks Institute for Self-Development, a nonprofit organization that she founded in 1987 with Steele. The organization inspires young people to pursue an education. Steele, an institute officer, was granted power of attorney for Parks, the same year that Parks signed her will.

According to Parks’ nieces and nephews, they believe that Steele got Parks (who was suffering from dementia) to sign the will, which basically left them powerless to decide how their aunt’s likeness would be used. They were also cut off from receiving any profits earned from the licensing of her likeness and name. Her nieces and nephews say that placing their aunt’s image in the wrong hands could ruin her legacy. According to their attorneys, Steele has been unwilling to answer any questions about the estate or account for the institute’s activities.

While Parks’ estate is not necessary worth millions, the marketing rights to her image and likeness could be worth millions of dollars over the next several decades. Since she passed away, her likeness has already been used in Apple Computer and Chevrolet advertisements. Jury selection is scheduled to begin tomorrow.

All of Parks’ possessions at the institute, as well as at her condominium, have been catalogued. Parks’ cousins are accusing Steele of being negligent with their aunt’s possessions. They say that historic memorabilia could be lost or damaged as a result.
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Rosa Parks is famous for starting the modern civil rights movement in 1955 in Montgomery, Alabama, when she refused to surrender her bus seat to a white person.

Contesting Wills:

A will can be contested for a number of reasons, including the following:

· The will is fraudulent and therefore not valid.
· The person who wrote the will was not of sound mind at the time he or she signed the will

· The decedent was unduly influenced by another person at the time the will was made and signed

· There is more than one will and a later version exists than the will that is being contested

· The will was not properly or legally witnessed when signed

At Sagaria Law, P.C., our estate planning attorneys can help you make your will to ensure that it is correctly drafted and signed. If you are someone who would like to contest the validity of a will, we can represent you in this matter also. We also handle probate guardianships, living trusts, living wills, and other estate planning matters. To schedule your free consultation with one of our estate planning attorneys, contact Sagaria Law, P.C. today.

Sagaria Law P.C. represents clients in the cities of Monterey, Fremont, San Jose, Campbell, Pacific Grove, Oakland, Berkeley, as well as from other cities in Monterey County, Alameda County, and Santa Clara County. Contact Sagaria Law, P.C. today.

Trial over Rosa Parks' will to proceed, Detroit Free Press, February 15, 2007

Millions at stake in name of Parks, Detroit Free Press, January 29, 2007

Related Web Resource:

Will Contests

Writing Your Will, American Bar Association

MacLachlan grew up listening to the band practicing in a field located across from his house.

Beneficiaries:
A beneficiary is the individual or organization who a decedent leaves property to in his or her will. Anyone can be a beneficiary, except for the person who makes the will, any person who may have been responsible for the death of the deceased person, and any unincorporated group that is not able to receive or hold property. In some jurisdictions, anyone who acts as a witness to the will being signed becomes disqualified to be a beneficiary.

A person or organization that is a beneficiary may receive specific property items, such as money, houses, or jewelry, from the decedent’s estate. Someone may also be designated to receive anything that remains from an estate after the executor distributes the estate’s gifts to its beneficiaries and pays off the estates expenses and debts.

You also will want to inform at least one person who is close to you whom you trust regarding the whereabouts of your will so that it can be found in the event that you pass away. Wrapping up the affairs of your estate can prove challenging for your executor and beneficiaries if your will cannot be found, and this could prevent your executor from being able to distribute your estate in the way that you would have liked.

If you live in Northern California and you would like to speak with an estate planning attorney regarding making your will, Sagaria Law, P.C. can help you. We represent clients throughout Monterey County, Alameda County, and Santa Clara County, as well the surrounding areas, including Watsonville, Capitola, Santa Cruz, San Benito County, Scotts Valley, and Santa Cruz. To schedule a free consultation with one of our estate planning lawyers, contact Sagaria Law, P.C. today.

Man Leaves $116,000 To Band, The Journal, February 7, 2007

Related Web Resources:

Wills and Estate Planning, Nolo.com

Estate Planning FAQ's, American Bar Association

Amason was arrested last month at his church. He has been charged with three counts of embezzlement—a $91,258.67 total. Amason claims that the agency never interviewed him before he was arrested. He was released from jail on a $60,000 bond.

The pastor says that his aunt, who has Alzheimer’s disease and lives in an assisted living facility, had given him power of attorney, but that last year, she started accusing him of stealing her money. Another relative was then given power of attorney for his aunt.

When a person (known as the principal) bestows another person with the power of attorney, they are giving that person the authority to act as their agent, known as their attorney-in-fact. Depending on the type of power of attorney that is bestowed, an attorney-in-fact may be able to make decisions regarding the principal’s heath—known as the Durable Power of Attorney for Health Care—or their finances, called the Durable Power of Attorney for Finances.

4000. This division may be cited as the Power of Attorney Law.

4001. Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of Attorney Act.

4010. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.

4014. (a) "Attorney-in-fact" means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term.
(b) "Attorney-in-fact" includes a successor or alternate attorney-in-fact and a person delegated authority by an attorney-in-fact.

4018. "Durable power of attorney" means a power of attorney that satisfies the requirements for durability provided in Section 4124.

4022. "Power of attorney" means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. A power of attorney may be durable or nondurable.

4026. "Principal" means a natural person who executes a power of attorney.

4030. "Springing power of attorney" means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified future event or contingency, including, but not limited to, the subsequent incapacity of the principal. A springing power of attorney may be a durable power of attorney or a
nondurable power of attorney.

4034. "Third person" means any person other than the principal or attorney-in-fact.

In affidavits filed against the pastor, Amason is accused of embezzling money and using it for his own purposes on February 23, 2004, while acting as her “attorney-in-fact.” Amason, however, claims that his father had power of attorney at that time and that his father was a man of integrity. He also says that he would never steal his aunt’s funds. He claims that Alzheimer’s is to blame for her accusations against him and that all of them are false.

Sagaria Law, P.C. represents clients in estate planning related-matters, including power of attorney appointments and disputes, wills, trusts, living wills, probate guardianships, and conservatorships. With our offices conveniently located in San Jose, Monterey, and Fremont, we service clients from throughout Monterey County, Alameda County, and Santa Clara County, including the cities of Cupertino, Salinas, Carmel, Oakland, and Burlingame. Your initial consultation with us is free, so contact Sagaria Law, P.C. today.

Accused Simpson Co. pastor says charge false, The Clarion-Ledger, January 31, 2007

California Probate Code: Section 4000-4034

Related Web Resource:

Power of Attorney

Although Hynie claims she was legally married to Brown, attorneys for Brown’s estate say that her marriage to Brown was not legally binding because she was married to someone else at the time of their wedding ceremony. Although she ended that marriage, she and Brown never remarried to legally formalize their commitment. Hynie and James Brown, Jr. were not named as beneficiaries in Brown’s will, which divides the Godfather of Soul’s personal possessions among his six older children.

Hynie is contesting the will, claiming that it is not valid because she was not included as a beneficiary. She is also contesting the validity of a trust set up by Brown, which holds the soul singer’s primary assets, such as his 60-acre home in South Carolina and his music rights.

James Brown passed away last year on Christmas Day in Atlanta, Georgia. His family is undecided as to where to bury him, and his body is in a gold casket at a private location.

In a separate petition, James Brown’s six older children would like a probate court to replace the trustees of Brown’s trust. They are accusing the trustees of mismanaging their father’s assets.

In California, if a probate court rules that a will is not valid, then the decedent’s estate will be disposed of according to California Intestate Succession Laws:

The decedent’s surviving domestic partner or spouse is usually entitled to half of the couple’s community property and the separate property that was owned by the decedent.

If, however, the decedent did not have any other survivors, such as parents, siblings, or children, the entire estate goes to the surviving spouse or partner.

The surviving domestic partner or spouse will only get 1/3rd of the separate property if the decedent left behind more than one surviving child or grandchild.

If the decedent did not have a surviving domestic partner or spouse, then the succession line will go in the following order:

· Children and grandchildren of decedent
· Surviving parents of deceased person
· Surviving grandparents
· If relatives through two or more ancestral lines make a claim, then the relatives that are the most closely related to the decedent will receive preference in the succession order.
· California. If there are no successors, then the estate will go to the state of California.

At Sagaria Law, P.C., Scott Sagaria and his estate planning attorneys represent clients who need legal advice or representation in the areas of wills, irrevocable trusts, living trusts, conservatorships, probate guardianships, and other estate-planning related matters. Many of our clients come from San Jose, Carmel, Foster City, Los Alto, Milpitas, Saratoga, Berkeley, Oakland, and other cities in Monterey County, Alameda County, and Santa Clara County. Contact Sagaria Law, P.C. to schedule your free consultation.

James Brown's partner sues for half of estate, CNN.com, February 2, 2007

California Probate Codes Section 6400-6414

Related Web Resources:

Will Contests

How to Probate a Decedent's Estate, Superior Court of California, County of Santa Clara

Beth claims that conservator Melodie Scott did not properly fulfill her fiduciary duties as her mother’s conservator. She is accusing Scott of nearly dissolving her mother’s savings, worth $239,000, within the first four years of managing Elizabeth Fairbanks’s estate, was faulty in her bookkeeping, and withheld medical care from Elizabeth when she fell out of bed in 2005 and when she died from pneumonia last year. Elizabeth, then 80, had been staying at Braswell’s Ivy Retreat in Mentone.

Wednesday’s hearing took place because at an October 13 hearing in San Bernardino last October, Beth had raised an objection to the final accounting made on her mother’s estate. She also refuses to believe that her mother ever agreed to the living will that Scott had signed in 2002, which stated that Elizabeth Fairbanks didn’t want any “heroic measures if death is imminent.”

Scott is denying the accusations.

By law, attorneys and conservators are paid from the conservatee’s estate, but only after a judge has approved the accounting. Court records show that when Scott began managing Elizabeth Fairbanks’s estate in 2002, the balance of her savings legitimately went down to $27,000. Also according to court records, Scott moved Elizabeth to different 24-hour care facilities in 2002 when her health improved for awhile. Scott also managed to reduce Elizabeth’s monthly expenses.

Scott’s company, Conservatorship and Resources for the Elderly Inc., reportedly billed Elizabeth’s estate over $31,000 for the 587 hours that she served as the conservator. A $7,000 bill to the estate was blocked after Beth Fairbanks voiced her objections last October.

Conservatorship & Resources for the Elderly Inc. manages trusts and conservatorships.

California Courts: Self-Help Center Offers The Following Information For Conservators On How To Manage An Estate’s Assets:

· Make smart investments. Manage the estate's property carefully. Remember: You are taking care of someone else's property. Do not make risky investments.

· Keep estate assets separate. You must keep the estate's money and property separate from anyone else's, especially your own.

· Never deposit estate money in your personal account.

· Never mix estate money with yours or anyone else's, even for a little while.

· Stocks and bonds must be held in a name that shows they belong to the estate and not to you.

· Use interest-bearing accounts and other investments. You can set up checking accounts for everyday expenses. But the rest of the estate's money must be in accounts that earn interest.

· If you're chosen to be conservator of an estate, you must make and keep a list of what the estate owns.

Restrictions
Unless you have a court order, you can't:

· Pay yourself or your lawyer with the estate's money.
· Give away any part of the estate.
· Borrow money from the estate.

You'll have to prepare an accounting report of:

· All income, money, and property you get,
· What you spent,
· The date of every transaction,
· The purpose of every transaction, and
· What's left after you pay the estate's expenses.
· Court review of your records. A year after you become conservator, you must file a petition to ask the court to approve your accounting. After that, you must do this again every two years. Save your receipts. The court may want to see them.

If you don't file your accounting, the court will order you to file it. And you may be removed as conservator.

Sagaria Law, P.C. represent clients in estate planning matters—conservatorships, living wills, living trust, trusts, organ donations, probate guardianships, etc.—throughout Santa Clara County, Alameda County, and Monterey County, including the cities of Emeryville, Berkeley, San Jose, Sunnyvale, and Carmel. If you would like to set up a conservatorship for yourself or a loved one, or if you would like to request the removal or replacement of a conservator, we can help you. To schedule your free consultation, contact Sagaria Law, P.C. today.

Riverside woman to challenge conservator of mother's estate, Press-Enterprise, January 31, 2007

Duties of a Conservator, California Courts: Self-Help Center

Related Web Resource:

Help For Adults and Elders, Probate Court: Self Service Center

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.

The LA Times, which had interviewed Jones and reviewed over 2,400 cases of conservator abuse, contacted Jones’s in-laws and stepgrandson, Tomazin, to let them know about Jones’s situation. Her stepgrandson filed a petition in court requesting that Scott be replaced. Scott resigned soon after and Tomazin became her conservator last March.

Following the reports in the LA Times, California Assemblyman Dave Jones began spearheading efforts to create new laws to regulate the conservatorship system throughout California. The Omnibus Conservatorship and Guardianship Reform Act of 2006 was approved and signed by Governor Arnold Schwarzenegger last year.

In California, even when an elderly person appoints a conservator, the conservatee still has the right to:
· Have control over their own salary.
· Choose their own lawyer.
· Decide whether to marry.
· Make their own will.
· Receive mail.
· Vote.
· Make their own health care decisions (unless a judge decides otherwise).
· Have their wishes and wants considered by the conservator.
· Be treated well by the conservator.
· Request that a judge end a conservatorship.
· Request that a judge find a new conservator to replace their current one.

The estate planning attorneys at Sagaria Law, P.C. represents clients in conservatorship matters and other estate planning-related issues, including the making of living wills and wills. Our firms also set up different kinds of trusts. Many of our estate planning clients come from Monterey County, Santa Clara County, Alameda County, and the surrounding areas, including the cities of San Jose, Fremont, Berkeley, and Los Gatos. To schedule a free consultation with one of our attorneys, contact Sagaria Law, P.C. today.

Woman in California conservator case that led to legal reform dies, LA Times, January 25, 2007

New Landmark Laws Overhaul California's Troubled Conservatorship System, California Progress Report, September 29, 2006

Related Web Resources:

Duties of A Conservator, California Courts: Self-Help Center

April Trial Set for Woman Seeking to End Conservatorship, LA Times, December 3, 2005