Conservatorship in California: Response to New Yorker Article "How the Elderly Lose their Rights"
Probate 101: How an Administrator of an Estate is Chosen when there is No Will
Matthew discusses the probate court process for choosing an administrator when there is no legally valid will, and possible complications that can arise when more than one person wishes to administer the estate.
Trusts 101: Overview of The Trust Administration Process
Attorney Matthew Talbot discusses the basic steps in administering a trust in California.
What is an Estate Plan and Why do SF Bay Area Families Need One?
Matthew and Elizabeth Talbot discuss the parts of an estate plan, and why most families in the SF Bay area need one.
Common Issues in Trust Litigation:
Who should be the trustee? Was there misconduct by the trustee? Are the terms of the trust valid?
Elder Law 101: Why an Attorney is necessary to obtain a Conservatorship
Matthew speaks about the process of obtaining a conservatorship over another individual, and the complexities involved.
Estate Planning & Elder Law Converge: How a Healthcare Directive and Power of Attorney prevent the need for a Conservatorship
Elizabeth Talbot interviews Matthew about conservatorships: when they're needed, and how they can best be avoided
Financial Elder Abuse & the Role of Undue Influence
How CA courts address Undue Influence within an Elder Abuse case.
How to Invalidate a Trust or Trust Amendment
When a trust (or amendment) was signed due to undue influence, or when the settlor lacked mental capacity, the trust can be made invalid through the courts.
Contracts to Make a Will in CA Probate:
Matthew discusses the power of the oral contract using "The Simpson's" Sam Simon as an example.
Financial Elder Abuse: Undue Influence
The importance of Flipping the Burden of Proof in elder abuse cases involving allegations of undue influence
Elder Abuse and Isolation: Denying Visitation
Denying visitation to Family and Friends and the Role of the Law
Probate 101: Does your Estate need to go through Probate?
How to know if your estate needs to be probated. Matthew addresses what assets are subject to probate, and what the probate process looks like in California.
Elder Law 101: When a Conservatorship is necessary despite Power of Attorney
While a power of attorney can often help prevent the need for a conservatorship, there are some circumstances in which a conservatorship is still necessary.
Trusts 101: Choosing a Trust Attorney
If you're involved in a potential trust litigation, the attorney you select is critical to the success of your case. Matthew discusses differences between trust attorneys, and the importance of feeling comfortable and confident with the attorney you choose.