Click on the following link for the article – the article suggests that a LPS Conservatorship has been sought – perhaps the parents should also consider a “regular” conservatorship, if they haven’t already, pursuant to California Probate Code Sections 1800-1804, as it should be easier to obtain although it also might be less effective under the circumstances, Amanda Bynes’ hospital stay extended, conservatorship granted – latimes.com.

Dave Tate, Esq. (San Francisco)

From my other blog: http://businesslawrealestate.com.

The following is a link to an interesting discussion about jury selection, and some examples of what you might want or not want to say – you might agree or disagree with the article comments, of course, but I also appreciate the author’s approach to giving examples, click here for More On Jury Selection (Don’t Read That Aloud Too Quickly—Sounds Insulting) | Juryology: Art & Science of Jury Persuasion.

Dave Tate, Esq. (San Francisco)

Here is a fun read – you decide what you think – my preliminary comments are below – the following link is to an interesting August 1, 2013, newspaper story about a will contest with allegations of undue influence and diminished mental capacity, click here.

Although in my opinion the allegations as they are stated in the article present a plausible case, more detailed information is needed to evaluate the likelihood that the claims might prevail to invalidate the will.  For example, (1) I would be looking for medical and other factual evidence to establish the severity of the dementia – can it be established that at the time that the wording of the will was prepared and at the time that the will was signed Mr. Carlen lacked mental capacity to understand the nature of his estate assets, the people to whom he might naturally leave his assets, and the provisions in the will; (2) does the evidence establish that the distribution provisions in the will are unnatural as to how Mr. Carlen would have wanted to distribute his assets (and look at all of the provisions including the personal property, family keepsakes, and whether he left anything at all to his family members or totally disinherited them); (3) how will the attorney who prepared the will testify about how the will was prepared and Mr. Carlen’s mental capacity and ability to understand; and (4) what is the best evidence that might establish that Mr. Carlen did not of his own free will communicate his wishes for the terms of the will and then sign the will?

Dave Tate, Esq. (San Francisco)

California Probate Code Section 825 provides “Except as otherwise expressly provided in this code [i.e., the Probate Code], there is no right to a jury trial in proceedings under this code.” Why is that, i.e., why is there no right to jury trials in will and trust contests where the claims and defenses typically relate to jury relevant issues like mental capacity, intent and wishes, fraud, forgery and witness credibility?  I see no logical or legal reason for Section 825 or its provisions.

Dave Tate, Esq. (San Francisco)

The following is an interesting story of an unsigned and missing will that the Court determines is enforceable, Where There’s a Will, There’s a Way | Estate Planning content from WealthManagement.com.

Dave Tate, Esq. (San Francisco)

An interesting tale of IRS woe, click on the following link, Death Tax Grasps for More of William Davidson’s Wealth.

Dave Tate, Esq. (San Francisco), Trust, Estate and Conservatorship Litigation and Contentious Administrations

See also my other blog re civil litigation, real estate, business, risk and governance, http://businesslawrealestate.com.

Fiduciary Trust International of California v. Superior Court (Brown) (California Court of Appeal Case No. B247441, July 31, 2013).

Greetings. The following is a summary discussion about the Court’s decision in Fiduciary Trust International.

The Court held that under the circumstances of this case that a law firm that did estate planning for a husband and wife was disqualified due to conflict of interest from representing the trustee of the husband’s trust in a dispute with the representative of the wife over from which trust or pot of money estate taxes would be paid. The case reminds attorneys that when they provide estate planning services they need to be careful about potential and actual conflicts of interest not only when jointly representing two or more people with respect to their estate planning but also subsequently if the same estate planning attorneys are providing services in the context of administration or disputes. These cases and situations should be evaluated on a case by case basis.

The Court’s decision in Fiduciary Trust International provides lengthy discussion and analysis relating to conflicts of interest in the context of estate planning and a subsequent dispute between the husband’s estate planning and his provisions and the wife’s estate planning and her provisions. And it is also reasonable to believe and conclude that the original estate planning law firm and its records also might be called upon to provide evidence as to the provisions in question and the intentions of the husband and wife.

I also found important the Court’s comments that (1) it is also important that the Rules of Professional Conduct are also intended to protect the integrity and public trust in the legal profession, not just to regulate or apply to the specific situation in question; and (2) even if the potential for conflict is originally disclosed to the multiple parties, “if the potential adversity should become actual, the [attorney] must obtain the further informed written consent of the clients.”

Dave Tate, Esq. (San Francisco)

Click the following link to see the article from LeClair Ryan, New ACA Regulations Prohibit Discrimination in Health Care Programs.

Dave Tate, Esq. (San Francisco)

Click on the following link for a discussion from the Tierney Watson Healy blog, Medicaid Denials of Coverage on the Rise. As I have been a litigation attorney, for both plaintiffs and defendants, for sometime, there are always two or more sides to the story; however, as a significant amount of medical care is now covered or potentially covered under government or government related programs, and as those programs are expected to increase, there should be an online publicly available, easy-to-read, transparent clearinghouse website that discusses coverages in detail and, if legally permissible, specific fact situations relating to coverage, with names and private information redacted of course.

Dave Tate, Esq. (San Francisco)

The following is a link to a NY Times article in which it is stated that there is evidence that in some situations there has been a sharp dip in dementia rates as age progresses, click here for the article. I can tell you that I would like to live to be a ripe older age assuming that I remain physically and mentally healthy as I like out-of-doors activities such as hiking hills and camping. The thought of dementia/Alzheimer’s is a scary thought – yes presumably I should have many years to go without concern, but I have told my sons that I would rather they put me on a lake with a tent and a folding chair than being in a nursing home. I also read a recent article that keeping the brain stimulated, such as by reading, helps to combat dementia. Keep on, or start, reading.

Dave Tate, Esq. (San Francisco)