The Petition for Guardianship:  Is it Really Necessary?

The Petition for Guardianship: Is it Really Necessary?

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?   

Family Court Services in Child Custody Cases

Family Court Services in Child Custody Cases

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.

What is a Limited Conservatorship?

What is a Limited Conservatorship?

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.   

How Does Marriage Affect Registered Domestic Partnerships?

How Does Marriage Affect Registered Domestic Partnerships?

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.

Right to Occupancy vs. Life Estate

Right to Occupancy vs. Life Estate

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.

When Do You Need a Conservatorship? 

When Do You Need a Conservatorship? 

There are several different types of conservatorships in California that provide legal authority for someone to assist in caring for adults who need help.

Summary Dissolution – The “Faster and Simpler” Divorce

Summary Dissolution – The “Faster and Simpler” Divorce

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.

The Divorce Process

The Divorce Process

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.

Getting Married: Should You Consider a Premarital Agreement?

Getting Married: Should You Consider a Premarital Agreement?

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.

Trust Funding: What Is It and Why Do I Need To Do It?

Trust Funding: What Is It and Why Do I Need To Do It?

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. 

Do I Still Need an AB Trust?

Do I Still Need an AB Trust?

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.

Child Support Modification

Child Support Modification

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?

Do I Need a Domestic Violence Restraining Order?

Do I Need a Domestic Violence Restraining Order?

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.

Reimbursements - Epstein Credits And Watts Charges (Part 1)

Reimbursements - Epstein Credits And Watts Charges (Part 1)

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.

What to Do after a Loved One Passes

What to Do after a Loved One Passes

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.

Are You A Victim of Domestic Violence?

Are You A Victim of Domestic Violence?

There are many misconceptions and myths surrounding domestic violence. The definition of “abuse” included in California’s Domestic Violence Prevention Act (the “DVPA”) is purposely broad in scope and encompasses a wide range of acts or behavior.