Ann O'Hara @CaProbate22
Law Office of Ann E. O'Hara: Probate, Trusts & Estates, Fiduciary Law, Conservatorships, Estate Planning aoharalaw.com Berkeley, CA Joined March 2016-
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A good article re the difference b/t a will and a trust can be found at calbar.ca.gov #estateplanchat
intestacy is the legally defined distribution scheme if the decedent does not have a will. law dictates where $ goes #estateplanchat
Medical personnel will default to next of kin for decision making, assets will distribute via intestacy, and disputes arise. #estateplanchat
Re taxes - final personal returns are filed for up to date of death. An estate or trust return is filed after death #estateplanchat
(2) geriatric care manager, placement specialist, and trusted friends. It takes a village One adult child cannot act alone #estateplanchat
(1) The best approach is to start gathering a support team early on - trusted family, primary doctor, attorney #estateplanchat
The standard for end-of-life wishes is "clear and convincing" evidence which the POLST complies in the event of a dispute. #estateplanchat
POLST is a supplemental document clearly detailing end-of-life wishes. #estateplanchat
The document also provides for disposition of remains, funeral/memorial wishes, placement wishes, and organ donation #estateplanchat
It can be drafted so that it is effective immediately or on a declaration by a doctor that the person lacks capacity #estateplanchat
A legal document giving another person authority to make personal decisions, medical/treatment decisions, end-of-life wishes #estateplanchat
Holographic wills can be easily challenged because there are no safeguards, such as witnesses, or advice of attorney. #estateplanchat
Holographic can be one line, as long as it is in the persons handwriting. Any other will must be witnessed. #estateplanchat
In writing, signed, and dated. It can be in the creator's handwriting, called a holographic will. It can be on a napkin. #estateplanchat
The documents must provide peace of mind to the creator and must make sense to the person who administers the documents #estateplanchat
As an attorney, I listen to my client's whole story to ascertain personal wishes and I encourage as much info as possible #estateplanchat
The attorney, by law, has a duty to confirm the principal's capacity to execute an estate plan before it is created #estateplanchat
Software programs tend to be boilerplate - without advise of a professional you would not know your options #estateplanchat
Administering an estate, either via a will or trust, is often complex and fraught with emotion, a neutral is a smart option #estateplanchat
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