Estate and Elder Law

Recent Posts

Conservatorship and Testamentary Capacity
Posted on 18 Feb 2011 by Sandra L. Smith

The Supreme Court of Virginia recently decided a case regarding the testamentary capacity of a person who had been declared legally "incompetent," with appointed conservators, and also addressed the issue of undue influence. In Parish v.... Read More

Temporary Conservator Entitled to Recovery of Attorneys’ Fees Even When Permanent Conservatorship Dismissed
Posted on 28 Nov 2011 by Dave Tate

By David W. Tate In Conservatorship of Cornelius (California Court of Appeal, First Appellate District, November 15, 2011, A131495) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ... Read More

Ask Liza: Your Mom May Need a Conservatorship
Posted on 5 Mar 2013 by Liza Weiman Hanks

Dear Liza: My mother, suffering from Alzheimer’s, is completely mentally incompetent and living in a nursing home in Arkansas. I have only recently learned – surprise! – that she does not have a will. With my father and brother already... Read More

Ask Liza: What to Do When One Parent Lacks Capacity
Posted on 26 Feb 2015 by Liza Weiman Hanks

Dear Liza, my parents do not have a living trust in place. I need to help them set one up. My father and mother are 91 and 83 respectively. My father has a form of dementia that prevents him from making decision about his property. My Mother is fully... Read More

Conservatorship and Testamentary Capacity
Posted on 18 Feb 2011 by Sandra L. Smith

The Supreme Court of Virginia recently decided a case regarding the testamentary capacity of a person who had been declared legally "incompetent," with appointed conservators, and also addressed the issue of undue influence. In Parish v. Parish... Read More

New 3rd Edition Released: Guardianship and Conservatorship in Massachusetts
Posted on 3 Oct 2012 by LexisNexis Estate and Elder Law Community Staff

Taking note of the Massachusetts legislature's enactment of many new statutory provisions impacting guardianships, conservatorships and estate administration, Matthew Bender has released Guardianship and Conservatorship in Massachusetts, 3rd Edition... Read More

Temporary Conservator Entitled to Recovery of Attorneys’ Fees Even When Permanent Conservatorship Dismissed
Posted on 28 Nov 2011 by Dave Tate

By David W. Tate In Conservatorship of Cornelius (California Court of Appeal, First Appellate District, November 15, 2011, A131495) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ],... Read More