Author: Mark Flory

11 Mar Important Win On Disability Rights

Posted at 00:20h in Probate, Trusts & Estates by Mark Flory

The Court of Appeals Confirms that Disabled Adults Cannot Be Forced to have Visitation with Someone they Do Not Want to See Does a disabled adult who is subject to a California conservatorship have the right to refuse visitation with her estranged father, who she has...

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09 Nov Estate Planning for Pets: Establishing Trusts for Furry Friends

Posted at 20:18h in Probate, Trusts & Estates by Mark Flory

Pet ownership comes with great rewards and responsibilities.  According to the Centers for Disease Control and Prevention, pet ownership can provide many health benefits.  Research has shown that pet ownership can decrease blood pressure, cholesterol levels, triglyceride levels, and can also decrease or eliminate feelings...

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13 Mar Saving Your House From Medi-Cal’s New Estate Recovery Rules

Posted at 14:24h in Probate, Trusts & Estates by Mark Flory

In 2016 Governor Brown signed SB 833 into law, changing the way that California seeks repayment from deceased Medi-Cal recipients.  This change in the law provides yet another good reason to engage in careful estate planning so that estates will not go to Medi-Cal upon...

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06 Oct The Challenging Role Of Court-Appointed Counsel For Conservatees

Posted at 21:49h in Probate, Trusts & Estates by Mark Flory

Family members often initiate conservatorships to protect loved ones who have become unable to manage their own personal, medical, and financial affairs. These concerned family members petition for court intervention out of good motives: to protect an aging parent or other loved one who may...

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31 Aug When Good Trustees Make Mistakes, Courts Can Excuse Liability

Posted at 22:17h in Probate, Trusts & Estates by Mark Flory

Typically a trustee is liable to the beneficiaries when he or she commits a breach of trust harming the trust or its beneficiaries.  California Probate Code §16440(a) provides that a trustee is chargeable for a breach of trust that results in a loss in value...

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