In California, a “guardianship” refers to the situation where the person needing the care and support is a minor. A “conservatorship” refers to the situation where the person needing the care and support is an adult who is incapacitated or incompetent.
A single parent in the military has received orders for a six-month overseas deployment and plans to leave her children with a neighbor. A grandmother is taking care of her grandchild because one parent is in jail and the other parent has disappeared. The couple who agreed to be nominated as guardians of their best friends’ three children currently have the children living in their home after both parents were killed in a tragic car crash but now wonder what to do because out-of-state relatives are demanding that the children live with them even though this is not what the parents wanted. Is a petition for guardianship in Probate Court necessary in each of these potential client scenarios or is there some type of alternative in California?
Under California law, the baseline standard is that it is in the best interest of children to receive close and continuing contact with both of their parents. With that in mind, the Court has a significant amount of discretion to review the facts of any child custody dispute and determine whether it is in a child’s best interest to spend more or less time with either parent.
This blog will discuss the purpose of the limited conservatorship, how it works, and the process to create one. If you have a special needs child who will not be able to function independently when he or she turns 18 and becomes an adult, a limited conservatorship may be necessary to ensure your child continues to have the support system he or she needs. The limited conservatorship can provide continued access to information from medical and educational providers and the authority for you to make important life decisions for your disabled adult child such as where he or she lives and whether he or she can marry.
Under California law, registered domestic partners have the same rights, protections, and benefits as married couples. Essentially, Domestic Partnerships are available to same-sex couples and opposite sex couples over the age of 62.
A common problem in blended families is what happens to the family home if the spouse that owns the home passes away first. A right to occupancy or a life estate provided in the revocable living trust is a common method to handle this issue. If drafted properly, either option can allow the surviving spouse or domestic partner to live in the home but it is important for the stepparent and the stepchildren to understand exactly what interest they have and their responsibilities for the property to minimize conflicts. The intent of this blog is to provide a comparison of the two methods to help determine which is the best fit for your family situation.
There are several different types of conservatorships in California that provide legal authority for someone to assist in caring for adults who need help.
The one major exception to the standard divorce procedure described in our previous blog, The Divorce Process, is the “Summary Dissolution.” A Summary Dissolution is a special procedural pathway to divorce allowing a limited population of married couples to (1) stay out of court hearings and (2) have their divorce finalized at six months from date of filing for the divorce.
In this blog I outline the divorce process in California to provide a basic understanding. This is not intended to represent any particular divorce, and the circumstances of each divorce will impact the specific process that occurs in an actual case.
If you are contemplating divorce or already involved in a dissolution proceeding in California, one important consideration from an estate planning perspective is what to do about property held in joint tenancy or community property with right of survivorship.
Every couple is different. However, without entering into a premarital agreement, every couple agrees to have their property rights determined by State law. In the eventuality of divorce, State law provides how the assets of the couple will be divided and decide whether one of the spouses is unable to support themselves and may require support from the other spouse after divorce.
The failure to properly fund a trust often has adverse consequences that are preventable. At Naimish & Lewis, we assist our clients with trust funding as part of our full-service approach to each client’s estate plan.
Due to changes in federal and state laws over the past decade, many of the AB trusts created prior to 2011 may no longer be the most desirable method of estate planning for a married couple.
For various reasons, parents split up, and they eventually come to an agreement on—or the Court orders—custody, visitation, and child support. But what do you do if those agreements need to be modified?
When a married couple starts a divorce or legal separation in California, the Summons served with the Petition in dissolution of marriage or legal separation contains Automatic Temporary Restraining Orders (referred to as “ATROs”) that are binding on both spouses.
In addition to “regular” child support obligations, parents of minor children are required to pay for uninsured and/or unreimbursed medical expenses.
The traditional depiction of domestic violence in popular culture is typically a husband beating his wife. While this is a common occurrence of domestic violence, the legal definition of domestic violence is much broader and not limited to only physical abuse or a marital relationship.
Part 1 of this Reimbursement series of our Family Law 101 blog discussed Epstein credits and Watts charges. Here, I will discuss two more common scenarios raised by our clients.
After divorce, each spouse ideally would shake hands, say “I wish you well,” take his or her share of the community property, and live happily ever after. While possible, the vast majority of divorces are much less cordial, and more complicated regarding the division of community property. One level of complication is the issue of reimbursement.
The time after you lose a loved one is an emotional, stressful, and difficult time. This time can be made even more stressful if you have been named as the executor of your loved one’s estate or the successor trustee.