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Could “The Farewell” Approach to Hiding a Terminal Diagnosis Occur in California?

Posted on August 12, 2019

In “The Farewell,” now out in theaters, family members choose not to tell the matriarch (“Nai Nai”) of her terminal lung cancer diagnosis. They use the pretext of a wedding to get the family together in China so that they can spend time with Nai Nai one last time without actually saying goodbye. The well-meaning thought is that she will be happier and live longer if she thinks she’s healthy. Written and directed by Lulu…

The Levee Was Dry

How Flood Insurance and Endangered Species Are Connected

By Andrea P. Clark & Scott L. Shapiro on July 26, 2019

Most people would not associate flood insurance with the protection of endangered species. But over the past decade, the Federal Emergency Management Agency (FEMA) has been the target of multiple lawsuits alleging that the agency has violated the Endangered Species Act by not considering the impacts of its flood insurance program on endangered species and their habitat. [This topic will be discussed at the Floodplain Management Association conference in San Diego from September 3-6, 2019.…

Trust on Trial

How Do I Evaluate and Dispute a California Trustee’s Fee?

Posted on July 23, 2019

This blog post views a trustee’s fee from the beneficiary’s perspective. Under California law, a trustee generally can set his or her own fee and collect it without prior disclosure to the beneficiaries. What can a beneficiary, who sees a hand reaching too greedily in the trust cookie jar, do in response? We discussed best practices for a trustee when claiming a fee in a prior post and now consider how a beneficiary can monitor, evaluate and…

The Levee Was Dry

Must See TV – D.C. Style

By Julie Minerva on July 7, 2019

As a registered federal lobbyist I’m often asked to describe my job. Some days I describe it as an advocate; other days as an educator. I’ve also been known to liken it to being a translator or cruise director, but this past month it has felt a lot like being a host of Talk Soup. You see, I attend countless Congressional hearings and markups and spend endless hours watching House and Senate floor debate on C-SPAN. …

Trust on Trial

California Probate Administration Is No Time for Napping

By Christopher Miles Kolkey on July 2, 2019

In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets. The role of the personal representative (i.e., the “executor” if nominated in the will) is to administer the estate efficiently, resolve creditor claims, and get the assets out to the rightful beneficiaries. By no…

Trust on Trial

A Thin Blue Line: APS and the DA Have Few Resources to Combat Financial Elder Abuse

Posted on June 5, 2019

Seniors are vulnerable to financial elder abuse and are often victimized, but there’s a scarcity of government resources in Sacramento County and elsewhere in California to address the problem. On May 21, 2019, the Sacramento County Bar Association’s Probate and Estate Planning Law Section presented a program entitled “Helping the Helpless: How You Can Help Adult Protective Services and District Attorney Protect Vulnerable Sacramentans.” The speakers were Debra Larson and Irene Chu, managers with Sacramento …

Trust on Trial

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

By J. Patrick Doust on May 29, 2019

No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate Code limits their applicability. But what happens when a beneficiary defends a trust amendment that is found to be invalid? Can the defense of an invalid amendment be deemed a contest of the original trust? The California Court of Appeal held last month in Key …

Trust on Trial

The Uncertain Role of Court Appointed Counsel in California Conservatorship Cases

Posted on May 20, 2019

A conservatorship, once ordered by a Superior Court judge in California, deprives a person of the right to control his or her financial affairs or person, or both. When the judge appoints counsel for the proposed conservatee, what is the lawyer’s role? Are the lawyer’s ordinary duties of loyalty and confidentiality diminished in the conservatorship setting? Should they be? These are vexing questions that have led to varying approaches in California’s 58 counties. We sometimes…

CEQA Chronicles

2019 Amendments to the CEQA Guidelines: Part Two – Greenhouse Gases, Energy, and Wildfire Impacts

By Arielle O. Harris & Benjamin C. Lee on May 20, 2019

This post is Part Two of our blog series on the 2019 amendments to the CEQA Guidelines. This post focuses on amendments in the areas of greenhouse gas (“GHG”) emissions, energy, and wildfire impacts, as well as a discussion of OPR’s draft CEQA and Climate Change Advisory. GHG Impacts and Draft CEQA and Climate Change Advisory The amendments to the CEQA Guidelines are designed to improve the analysis of impacts from GHG emissions in CEQA…

Trust on Trial

Life Insurance Policy Benefits, Once Given Away, Cannot Be Redirected

Posted on May 7, 2019

When a man dies in California, who gets the proceeds of his life insurance policy? The answer seems obvious: the named beneficiaries in the paperwork received and accepted by the life insurance company. But what if the man gave the policy away during his lifetime? Can he cancel the gift and redirect the proceeds to others? No, said the California Court of Appeal in Dudek v. Dudek (2019) ___ Cal.App.5th ____. Even though the…

Downey Brand LLP

Downey Brand LLP Blogs

Could “The Farewell” Approach to Hiding a Terminal Diagnosis Occur in California?

How Flood Insurance and Endangered Species Are Connected

How Do I Evaluate and Dispute a California Trustee’s Fee?

Must See TV – D.C. Style

California Probate Administration Is No Time for Napping

A Thin Blue Line: APS and the DA Have Few Resources to Combat Financial Elder Abuse

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

The Uncertain Role of Court Appointed Counsel in California Conservatorship Cases

2019 Amendments to the CEQA Guidelines: Part Two – Greenhouse Gases, Energy, and Wildfire Impacts

Life Insurance Policy Benefits, Once Given Away, Cannot Be Redirected

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