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Estate Attorney Blog | Estate Planning Law Firm Blog by Brian D. Lerner

Estate Planning Law Firm Blog by Brian D. Lerner

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Estate Attorney Blog | Estate Planning Law Firm Blog by Brian D. Lerner | brian-lerner-estate-blog.com Reviews

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Estate Planning Law Firm Blog by Brian D. Lerner

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Estate Attorney Blog | Estate Planning Law Firm Blog by Brian D. Lerner | Page 2

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Estate Planning Law Firm Blog by Brian D. Lerner. Can the court appoint a conservator over the estate and over the person? By Brian D. Lerner. Can the court appoint a conservator over the estate and over the person? Who is a conservatorship for. By Brian D. Lerner. What Is a Conservatorship. By Brian D. Lerner. Deconstructing the Trust Fund Loophole. By Brian D. Lerner. President targets inherited assets in middle class tax reform. By Brian D. Lerner. After the American Taxpayer Relief Act of 2012 (ATRA-...

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April | 2016 | Estate Attorney Blog

https://brian-lerner-estate-blog.com/2016/04

Estate Planning Law Firm Blog by Brian D. Lerner. The Due Process in Competence Determinations Act. By Brian D. Lerner. In the Due Process in Competence Determinations Act. The Act applies to determinations that a person is of unsound mind or lacks the capacity to make a decision or do a certain act, expressly including the incapacity to contract, make a conveyance, marry, make medical decisions, vote, or execute wills or trusts. Burden of Proof as to competency. By Brian D. Lerner. The same general pres...

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Deficits Must Impair Ability to Act; Isolated Incidents Are Not Enough for Conservatorship | Estate Attorney Blog

https://brian-lerner-estate-blog.com/2016/10/17/deficits-must-impair-ability-to-act-isolated-incidents-are-not-enough-for-conservatorship

Estate Planning Law Firm Blog by Brian D. Lerner. Deficits Must Impair Ability to Act; Isolated Incidents Are Not Enough for Conservatorship. By Brian D. Lerner. It is important to note that the test is whether the person can handle his or her own financial resources. In some cases, the proposed conservatee may be able to handle simple financial matters but has significant assets and a complicated financial picture. The court cannot rule out a conservatorship of the estate in such cases. Trustees duty to...

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Doctor’s Diagnosis and Opinion to determine incapacity | Estate Attorney Blog

https://brian-lerner-estate-blog.com/2016/10/21/doctors-diagnosis-and-opinion-to-determine-incapacity

Estate Planning Law Firm Blog by Brian D. Lerner. Doctor’s Diagnosis and Opinion to determine incapacity. By Brian D. Lerner. Deficits Must Impair Ability to Act; Isolated Incidents Are Not Enough for Conservatorship. Does the Proposed Conservatee Lack Capacity to Give Informed Consent to Medical Treatment? Leave a Reply Cancel reply. Enter your comment here. Fill in your details below or click an icon to log in:. Address never made public). You are commenting using your Twitter account. ( Log Out. Defic...

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Is the Person Subject to Fraud or Undue Influence? | Estate Attorney Blog

https://brian-lerner-estate-blog.com/2016/10/21/is-the-person-subject-to-fraud-or-undue-influence

Estate Planning Law Firm Blog by Brian D. Lerner. Is the Person Subject to Fraud or Undue Influence? By Brian D. Lerner. Probate Code 1801(b) describes two types of people for whom a conservator of the estate may be appointed:. One who is “substantially unable to manage his or her own financial resources,” and. One who is “substantially unable to resist fraud or undue influence.”. The distinction makes sense because one who is substantially able. Convervatorship due to undue influence. Deficits Must Impa...

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Estate Planning Law Firm Blog by Brian D. Lerner. Is the Person Subject to Fraud or Undue Influence? By Brian D. Lerner. Probate Code 1801(b) describes two types of people for whom a conservator of the estate may be appointed:. One who is “substantially unable to manage his or her own financial resources,” and. One who is “substantially unable to resist fraud or undue influence.”. The distinction makes sense because one who is substantially able. By Brian D. Lerner. Prob C 3200 3212 (capacity determinati...

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