Put It on My Tab – When Is a Lifetime Gift in California an Advancement Against Inheritance?

EXTERNAL URL: https://www.trustontrial.com/2020/01/put-it-on-my-tab-when-is-a-lifetime-gift-in-california-an-advancement-against-inheritance/

AUTHORS: Downey Brand


A primary purpose of estate planning is to determine what a child will inherit (if anything) upon a parent’s death.  But what about a gift

Marvin Claims Between Unmarried Partners Will Abound in Post-Marriage California – A Conversation with Jeffrey Makoff

EXTERNAL URL: https://www.trustontrial.com/2020/01/marvin-claims-between-unmarried-partners-will-abound-in-post-marriage-california-a-conversation-with-jeffrey-makoff/

AUTHORS: Downey Brand


On November 20, 2019, California attorney Jeffrey T. Makoff presented to the Sacramento Estate Planning Council on the topic: “Welcome to the Post-Marriage World: How

California Assisted Living Residents Are Vulnerable to Financial Elder Abuse

EXTERNAL URL: https://www.trustontrial.com/2020/01/1391/

AUTHORS: Downey Brand


As our population ages, more of our seniors are moving into assisted living facilities.  The number of such facilities has nearly tripled over the past

California Courts May Invalidate Right of Survivorship in Joint Accounts

EXTERNAL URL: https://www.trustontrial.com/2019/12/california-courts-may-invalidate-right-of-survivorship-in-joint-accounts/

AUTHORS: Downey Brand


Often an aging parent will add an adult child to the parent’s account as a joint holder to assist with asset management or bill payment.

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

EXTERNAL URL: https://www.trustontrial.com/2019/11/your-slice-of-the-pizza-only-directly-inherited-asset-qualifies-as-separate-property/

AUTHORS: Downey Brand


It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  But what if

Judge Kevin R. Culhane to Preside in Sacramento County Probate Department

EXTERNAL URL: https://www.trustontrial.com/2019/11/judge-kevin-r-culhane-to-preside-in-sacramento-county-probate-department/

AUTHORS: Downey Brand


The probate unit of the Sacramento County Superior Court (Department 129) will have a new judge in January 2020.  Judge Kevin R. Culhane will

Don’t Rely on a Post-It® Note to Amend Your California Trust

EXTERNAL URL: https://www.trustontrial.com/2019/10/dont-rely-on-a-post-it-note-to-amend-your-california-trust/

AUTHORS: Downey Brand


A key feature of a California revocable trust is that it can be amended.  Revising a trust can, however, seem like an irksome chore so

Beware of Dormant Creditor Claims in California Probate Cases

EXTERNAL URL: https://www.trustontrial.com/2019/10/beware-of-dormant-creditor-claims-in-california-probate-cases/

AUTHORS: Downey Brand


California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents.  Creditors who are unsophisticated, or who simply do not

Think Inside the Box(es)

EXTERNAL URL: https://www.theleveewasdry.com/2019/10/think-inside-the-boxes/

AUTHORS: Downey Brand


Imagine how early you could retire if you had a dollar for every time someone told you to “think outside the box.”  Personally, I

Elder Abuse Is Not a Trojan Horse – Bad Faith Must Be Shown for Double Damages Under Probate Code Section 859

EXTERNAL URL: https://www.trustontrial.com/2019/09/elder-abuse-is-not-a-trojan-horse-bad-faith-must-be-shown-for-double-damages-under-probate-code-section-859/

AUTHORS: Downey Brand


Probate Code section 859, our subject in a recent post, packs a punch in California trust litigation.  It awards double damages against someone who in…