Estate and Elder Law

Recent Posts

Checklists: a. Indicators of Elder Abuse, Undue Influence and Incapacity; b. Courses of Action When Elder Abuse Is Identified
Posted on 18 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

CHECKLIST A: Possible Indicators of Incapacity, Undue Influence and Elder Abuse □ Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the client's bounty □ Gifts to anyone that are so large, given the... Read More

Ask Liza: Is A Survivors Trust A Necessary Part Of A Trust?
Posted on 27 Feb 2015 by Liza Weiman Hanks

Dear Liza: My parents have a revocable Trust that is very outdated and we want to make amendments to it. I understand most of the Trust but am having trouble with the Survivors Trust. I was surprised to see that upon the death of one spouse a Survivors... 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

How to Protect Yourself from Court-Ordered Guardianship (and the Occasional Bad Apple Guardian)
Posted on 31 Jul 2012 by karplaw

Becoming incapacitated and unable to manage one's own affairs is an unnerving prospect. Having the court appoint a guardian for you adds insult to injury. No one wants the state mucking around in his personal affairs and finances. There's yet... Read More

Morrison & Foerster LLP: Wills and Trusts: Different Standards for Capacity?
Posted on 31 Jul 2012 by Morrison and Foerster LLP

By Genevieve M. Moore , Morrison & Foerster LLP It is more and more common for individuals to use a revocable trust instead of a Will as their primary estate planning document, particularly in California where we practice. Although there is an up... Read More

Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve the Capacity Riddle in Elder Law
Posted on 20 Jun 2012 by LexisNexis Estate and Elder Law Community Staff

By Thomas Richard Stasi* *J.D. Candidate 2012, University of Michigan Law School; B.A. 2009, Duke University. Contributing Editor, University of Michigan Journal of Law Reform, Volume 45. Excerpt from Reform That Understands Our Seniors: How Interdisciplinary... Read More

How to Protect Yourself from Court-Ordered Guardianship (and the Occasional Bad Apple Guardian)
Posted on 31 Jul 2012 by karplaw

Becoming incapacitated and unable to manage one's own affairs is an unnerving prospect. Having the court appoint a guardian for you adds insult to injury. No one wants the state mucking around in his personal affairs and finances. There's yet... Read More

Ask Liza: The Right Plan For Now: Living Trust
Posted on 5 Nov 2014 by Liza Weiman Hanks

By Liza Weiman Hanks Dear Liza, I’m a young professional and would greatly appreciate your feedback on what type of trust, if any, would suit me well given my current financial and life position. I’m single, 29 years old (30 later this... Read More

Morrison & Foerster LLP: Wills and Trusts: Different Standards for Capacity?
Posted on 31 Jul 2012 by Morrison and Foerster LLP

By Genevieve M. Moore , Morrison & Foerster LLP It is more and more common for individuals to use a revocable trust instead of a Will as their primary estate planning document, particularly in California where we practice. Although there is... Read More

Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve the Capacity Riddle in Elder Law
Posted on 20 Jun 2012 by LexisNexis Estate and Elder Law Community Staff

By Thomas Richard Stasi* *J.D. Candidate 2012, University of Michigan Law School; B.A. 2009, Duke University. Contributing Editor, University of Michigan Journal of Law Reform, Volume 45. Excerpt from Reform That Understands Our Seniors: How Interdisciplinary... Read More

Checklists: a. Indicators of Elder Abuse, Undue Influence and Incapacity; b. Courses of Action When Elder Abuse Is Identified
Posted on 18 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

CHECKLIST A: Possible Indicators of Incapacity, Undue Influence and Elder Abuse □ Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the client's bounty □ Gifts to anyone that are so large... Read More