Posts From January, 2011

Catching the Financial Elder Abuser: The Gold Standard

Youngest adult daughter, youngest daughter’s husband and their five children five move in to take care of 90-year old, mildly impaired father. For five years, youngest daughter and her family systematically spend half a million dollars using father’s credit cards. The other adult children and impaired father have no idea about the financial elder abuse.

When the other adult children finally get wind that the youngest daughter may be taking advantage of their…

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Using Constructive & Resulting Trusts Saves Spouse from Estranged Heirs and Takes a Large Chunk Out of the Estate Tax Liability

Husband and wife are citizens of Foreign County but lawful permanent residents of the U.S, residing in the South Bay. They have no existing estate plan and no children. Husband is estranged from his parents and siblings, all of whom are still living abroad. Husband dies unexpectedly from a heart attack at age 60. Until the time of his death, Husband had handled all of the finances for the couple. Following his…

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Conservatorhip Substituted Judgment Can be Used to Authorize Fractional Interest Gifts in Real Property with Big Estate Tax Reduction Effect

Clients had previously been appointed as Conservators for their elderly mother who no longer had the capacity to manage her own affairs. Mother’s estate was conservatively valued at $10,000,000, containing income producing rental properties in an affluent area of Los Angeles, her own valuable residence and a significant amount of cash. Mother had an old Will, but did not have a Trust or the other estate planning documents typically appropriate for such…

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Administrative Expenses Can Take A Bite Out of Delinquent Estate Taxes, Interest & Penalties

Client’s mother passed away in the early 1980s owning a number of properties in Los Angeles County, including a pair of valuable single family residences in Manhattan Beach. Client had originally attempted to administer the mother’s estate by himself and was even appointed as the Administrator of the mother’s estate by the Probate Court. Unfortunately, Client fell ill and never completed the administration of the mother’s estate. Following a full recovery, but…

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