As the New York Times reported in December, “ChatGPT is, quite simply, the best artificial intelligence chatbot ever released to the general public.” Built by OpenAI, a San Francisco-based company, ChatGPT has grabbed headlines over the last two months.
Artificial intelligence, including chatbots, has myriad applications in the practice of law. AI no doubt will generate extensive online content readily
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Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate
Here’s another reason (uno más in Spanish) to create and properly execute a will. If your spouse or other trusted designee lives out of the country when you die, he or she won’t be eligible to administer your California estate. The recent case of Estate of El Wardani (2022) 82 Cal.App.5th 870, involving a San Diego couple who moved…
You’re Fired! Mature Minors May Seek Removal of Guardians Ad Litem
California probate courts may appoint guardians ad litem (“GALs”) to represent the interests of those who cannot speak for themselves, including minors. While Probate Code section 1003 provides for the appointment of GALs, it does not speak to their removal. A recently published opinion, Chui v. Chui (2022) ___Cal. App. 5th ___ (“Chui II”) attempts, in a very limited holding, to…
Legislature Updates California’s Guardian Ad Litem Appointment Statutes
California courts may appoint guardians ad litem as helping hands to act for those unable to make their own decisions in litigated cases because they are minors or incapacitated adults. For background, see our prior post.
Senate Bill 1279, effective January 1, 2023, clarifies and improves the rules governing the selection of guardians ad litem, commonly known as…
Anti-Isolation Restraining Orders Available in 2023
California trust and estate disputes often include claims that one or more family members have isolated or are isolating an elder for financial gain. For example, Brother may have difficulty communicating with Mother and blame Sister for disabling or discouraging such contact.
Enter California Assembly Bill 1243. Effective January 1, 2023, the Elder Abuse Act will allow interested parties…
Print and Sign Your Will – A Lesson from the Anne Heche Estate
Traditionally, the creation of a valid will, in California and elsewhere, required strict adherence to certain formalities. Estate law has been tepidly moving away from requiring compliance with those formalities, with a goal of prioritizing the intent of the person creating the will (the “Testator”). Nine states have gone so far as to enact laws that authorize electronic wills.
While…
Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents
What pea is in which pod? California probate disputes often involve questions of property ownership. Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true owner of specified property.
Yet how far can Section 850 petitions be stretched? In Parker v. Schwarcz (2022) ___ Cal.App.5th ___, the Court…
Judgments Should Name Fiduciaries in Their Representative Capacities
When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful. A person who acts in a representative capacity should be identified that way in the judgment – otherwise, the attorney may have to pursue a costly fix.
A recent probate case from San Joaquin County Superior Court illustrates…
When a Health Care Directive Isn’t Enough – California Court Shreds Another Arbitration Agreement
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,…
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…