Operators of skilled nursing facilities want their patients to enter into arbitration agreements. While such agreements don’t eliminate the risk of litigation, they at least reduce the expense and exposure associated with potential jury trials.
California appellate courts, however, have taken an ever narrower view of who can sign arbitration agreements on behalf of patients. Just over the last few years,
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Expanding Access to Estate Planning – a Conversation with Verleana Green-Telusca
Studies and surveys reveal an equity gap in estate planning. Americans in communities of color are less likely to have plans in place, a troubling disparity given how important estate planning is for all of us.
Advance health care directives allow elders to choose a decision maker and to express preferences as to palliative care, creating a structure for
Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse Cases
Plaintiffs who sue for financial elder abuse run the risk that defendants will spend ill-gotten gains before they can be recovered. To address this problem, the California Legislature gave plaintiffs the opportunity to “attach” or freeze assets at the outset of a case.
The Court of Appeal, in Royals v. Lu (2022) ___ Cal.App.5th ___, recently shed light on
Late Trust Contest May Trigger Enforcement of No Contest Clause
No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument.
Yet the probable cause safe harbor may disappear if the contest is untimely. That’s the upshot of Meiri v. Shamtoubi (2022) ___ Cal.App.5th ____, a Court of Appeal opinion issued last week.
An untimely contest of a
And the Rocket’s Red Glare – Trustee Removal Petitions May Be Costly to Those Who Launch Them
Trustee removal petitions, like Centennial Fountains, are one of the more common fireworks in California trust litigation. We’ve explored how such petitions are litigated in prior post and a podcast.
In Bruno v. Hopkins (2022) ___ Cal.App.5th ___, the California Court of Appeal broke new ground by finding that a beneficiary who in bad faith seeks to
Employing Caregivers and Advising Those Who Do – A Podcast with Bob King
Families often pay straight hourly wages to in home caregivers. But paying $18 an hour to a caregiver for a twelve hour shift may end up costing the family much more. As noted in a prior post, California law classifies in home caregivers as employees and they must be paid in accord with wage and hour laws.
Attorney Bob
Who Can Oversee Revocable Charitable Trusts?
Narcotics Anonymous established a revocable trust to manage its literature and other intellectual property assets for the benefit of its many members. A “regional delegate group” filed a petition in Los Angeles probate court claiming that the trustee was breaching its fiduciary duties.
The California Court of Appeal, in Autonomous Region of Narcotics Anonymous v. Narcotics Anonymous World Services, Inc.
See No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of Estate
We write today about probate law, premarital agreements and the importance of doing your homework.
In Estate of Eskra (2022) ___ Cal.App.5th.____, the First District Court of Appeal upheld a Humboldt County Superior Court decision to enforce as valid a premarital agreement that a surviving spouse signed without reading. How did the surviving spouse get here, and what are
RCFEs Can’t Get Out of the Rain – California Court Finds Another Arbitration Agreement Unenforceable
Another day, another decision by the California Court of Appeal making it more difficult for residential care facilities for the elderly (“RCFEs”) to enforce their arbitration agreements.
Upon admission to virtually any RCFE, a new resident will be asked to sign a stack of documents including an agreement to submit any future dispute to arbitration. Most RCFEs, understandably, would prefer
Who Protects the Interests of Children in Trust Disputes?
California trust disputes often involve the interests of parents and their minor children. Sometimes those interests conflict. When disputes are settled, who looks out for the interests of children under 18 years of age? Who checks that no child is left behind?
Probate judges, as explained in a prior post, may appoint a guardian ad litem to advocate for