Not many people can imagine that someone would manipulate their elderly loved ones. However, it is a sad reality that some people will use others for their personal gain, including with respect to the creation of various estate planning documents including deeds, powers of attorney or a will. 

In California, individuals can contest a will if they believe their loved one was under undue influence while creating it. However, it is important for individuals to know the signs of undue influence so they can protect their loved ones, prevent undue influence in the first place or, if necessary, effectively contest a will.

Here are some of the common warning signs of undue influence:

1. The individual is isolated 

The person exercising undue influence often isolates the vulnerable individual. This usually allows them to maintain control over that person. Isolation can manifest itself in many ways, including:

• The influencer is always present at the individual’s home and rarely leaves their side to monitor all communication;
• The individual stops answering their phone or their phone number is changed, or you hear the influencer prompting your loved one what to say;
• The influencer reviews and controls the individual’s incoming mail;
• The influencer altogether terminates contact between the individual and their loved ones;
• The influencer insists on attending all appointments; or
• The individual stops attending church, family, or other community gatherings they have historically attended.

2. Your loved one increasingly relies on one person

As we get older, it is common to depend on others more. And it is especially common for individuals to rely primarily on one person, such as a spouse, child or sibling. This kind of dependence is normal.

However, in a case of undue influence, the individual often has no choice but to rely on the influencer. That is because the influencer manipulates the situation, so they often have control over the loved one’s:

• Finances and estate planning matters
• Mail and access to information
• Property or assets
• Medication and appointment scheduling
• Transportation
• Daily needs and life

Total reliance is often what fuels the power of the undue influence. 

3. Last-minute changes to the will show favor to that one person

Another common sign of undue influence is if a loved one:

• Starts showering one person with gifts;
• Begins putting that person’s needs ahead of their own needs; 
• Changes lawyers they’ve had for many years; or
• They make changes to their will, trust dcouments, or powers of attorney that are all in that person’s favor.

It is essential to update an estate plan regularly. However, families should be suspicious of sudden changes to their loved one’s will that show a considerable preference.

It is critical for California families to remember that undue influence can take many forms. These three signs might be some of the most common, but they are not the only ones. Contesting a will on the grounds of undue influence is possible, but families should be on the lookout for these signs long before the probate process begins to protect their loved ones.

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Including an animal companion in an estate plan might seem like something reserved for celebrities. However, that is not the case at all. As much as we think of our pets as members of our family, not many people think to plan for their pet’s future.

While individuals can include their pets in their will, they can also ensure that their pets receive the care they need with a pet trust.

What is a pet trust?

According to NBC News, nearly 500,000 pets end up in animal shelters when the people taking care of them pass away or are unable to care for them any longer. Some might be adopted, but there is no way to make sure of that.

Creating a pet trust can help protect pets from the shelter. A pet trust is just like any other trust someone might include in their estate plan. It is a legal document that:

• Chooses someone to care for the pets in the owner’s absence
• Outlines specific care instructions for the pet
• Provides finances to cover any pet expenses, including:
  • Visits to the veterinarian
  • Costs of food and toys
  • Other services, such as grooming

This trust allows pet owners to choose the best possible caregiver for their pets—aside from themselves—and provide the finances to meet the pet’s needs.

What to consider when making a pet trust

There are a few things to take into account to create an effective and realistic pet trust. People can be as specific and detailed as they wish to ensure their pets receive quality love and care. Therefore, it is often helpful to include:

• The pet’s accustomed care
• Any special directions or needs
• The pet’s standard of living
• The life expectancy of the pet
• End-of-life instructions for the pet

Under California law, the pet trust terminates when the pet passes away. So, it is also essential for individuals to consider how they wish to use any leftover finances in the trust. 

When California families care for their pets as if they are a part of the family, then it is just as important to have a plan for them as it is for any other loved one. A pet trust is one way to protect the pet’s future, even when the future is uncertain.

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One of the challenges for estate administrators here in California is dealing with people illegally occupying the decedent’s property. Sometimes, the individuals may be strangers — squatters — who assumed illegal possession of the property after the homeowner died.

But other situations might involve relatives of the decedent who refuse to vacate the premises after the death of the homeowner. Perhaps they lived there during the homeowner’s lifetime and were their caregiver during their final illness. This might give them a sense of entitlement that they can continue to live there indefinitely.

A delicate situation

If the latter situation is occurring and you are the estate administrator, you might find yourself in the untenable position of having to initiate eviction proceedings against one of your own relatives.

But regardless of any familial ties, your first and foremost responsibility must be to administer the estate to the best of your ability. Below are some suggestions for those needing to evict someone from the home due to adverse possession of the property.

Abide by the law

You need to make sure that at all times you follow the letter of the law in your dealings with squatters. Don’t get dragged into screaming confrontations or moved by crocodile tears. You have a responsibility to uphold the decedent’s wishes regarding the administration of their estate. That must remain your focus during all interactions.

Are they squatters or trespassers?

In situations where those occupying the property gained access illegally, e.g., by breaking a window or door lock, they are considered trespassers and can be arrested. Your first order of business should be to call the police to have them removed and arrested.

What does the law say about squatters?

Here in California, squatters must first be served with a three-day notice to vacate the premises. You cannot file for an unlawful detainer unless this has been done.

To get rid of squatters who refuse to leave after those three days, you must then file an unlawful detainer petition with the local court and pay the fee to get them served with a copy of it.

The squatter then must respond with their answer to your petition in which they defend their position as lawful occupants of the property.

What if they do nothing?

That’s the best-case scenario, because you will then get a default judgment stating that as administrator of the decedent’s estate, you shall regain possession of the property.

Should the squatter answer your petition and show up for the hearing, they will have an opportunity to present their side of the case before the judge. At the conclusion of the hearing, the judge will render a decision based on the evidence presented to the court.

I won my case. Now what?

The local sheriff’s office in the jurisdiction of the property in question will need to be provided with a copy of the judgment. There is a fee for them to go past a five-day vacancy notice. Should the squatters ignore that notice, sheriff’s deputies will remove them using force and you can then change the locks.

It’s often helpful to consult a California estate administration attorney to help you with the process of evicting squatters from property owned by the estate for which you are the administrator.

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A third of all people over 50 who break a hip die within the following year. That’s a frightening statistic. Even if you’re among the two-thirds who don’t suffer this fate, your overall health can take a turn for the worse after a serious accident or injury in your senior years — even if you don’t get cancer or any number of debilitating illnesses that can strike people as they get older.

We’d all like some say in what happens to us if we become incapacitated or seriously ill. However, too often, people don’t put the necessary documents in place because they don’t want to think about it or they just assume that their family will care for them.

This is just one more reason not to put off your estate planning. A comprehensive estate plan should include what’s sometimes called “comfort planning.” That involves designating what types of medical intervention you want under various circumstances and at the end of your life.

It also includes designating one or more people who will have the authority to oversee your care and other aspects of your life. You can give people you know and trust powers of attorney over your health care and finances should you become incapacitated.

By doing this, you avoid the risk of a court giving someone you may not even know these responsibilities. Unfortunately, not all court-appointed fiduciaries have the best interests of those they’re designated to care for at heart.

People who don’t have children or other living family members can designate friends or others they trust to have these responsibilities. They can further help ensure that they get the appropriate care by detailing their wishes in their advanced health care directive and other estate planning documents.

Whether you have plenty of family members whom you know will care for you or you’re the last in your family’s bloodline, the best way to ensure that your wishes are known and carried out when you aren’t able to speak for yourself is to include them in your estate plan.

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Did your elderly parent insist on remaining in their home until their death, surrounded by the furniture, trinkets and other items they could never bring themselves to clear out? If so, you may be facing the daunting task of cleaning out that home and selling it.

If your parent had an estate plan that allows for the sale of the home and the property inside it, and you were named the executor, at least you have the authority to deal with the house. However, you’ve got some big decisions to make. It’s a good idea to bring in an experienced realtor to advise you on things like whether it’s better to put money into making much-needed repairs and improvements or sell the house as-is for a lower price.

It’s also essential to limit access to the house. This can be difficult when it means keeping siblings out who want to look for treasured childhood toys and mementos.

If your parent left certain items to you, your siblings or others in their will, those need to be retrieved before the house goes on the market. However, as the executor, you should be the one to do that. By keeping other family members informed of what’s going on, however, you can reduce the chances that they’ll feel left out and possibly suspicious about your actions.

It’s essential to be aware of the tax consequences of the home’s sale for those who inherit the proceeds. Your estate planning attorney can offer advice or at least refer you to a tax advisor.

Selling your parents’ home can be an emotionally difficult experience — especially if you grew up there, and it carries many memories for you. That’s one reason it’s wise to have professionals advising you who can look at the transaction objectively.

If your parent or both parents are still alive, it can be difficult to ask them about their estate planning. You don’t want to seem like you’re concerned about your inheritance. However, it’s in their best interest to have an estate plan in place, They can help ensure that their wishes are carried out after they’re gone and save their loved ones confusion and stress. An experienced estate planning attorney can help them through the process.

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It’s never easy to watch your parents get old, but it’s something you’re likely to face in the future. Since you want to do your best to help, it’s important to work closely with your parents to ensure that they have the right long-term care strategy in place.

Not only does this strategy affect your parents while they’re alive, but it does the same to their estate when it’s time for distribution.

There is no right or wrong answer as to when it makes sense to put a loved one in a nursing facility. This is based on a variety of factors, such as their overall level of health and the recommendation of their medical team.

Here are some of the many things to think about in regard to long-term care:

• Long-term care insurance: It’s not something everyone buys, but you should discuss it with your parents before they need coverage. Buying a comprehensive policy early enough will give you and your parents peace of mind.
• How to pay for long-term care: There are many ways to pay for long-term care, with a long-term care insurance policy at the top of the list. Even if it doesn’t cover 100 percent of expenses, it’s likely to provide financial relief during this difficult time. There are many other ways to pay for long-term care, such as personal savings, retirement accounts and assistance from loved ones.
• There is more than one type of care: Long-term care is available in many forms. For example, some people only need a nurse to check in on them once or twice per day. Others, however, are best off living in a nursing facility to ensure that they receive around-the-clock care.
• Determine where you fit in: Maybe you’re okay with the idea of your elderly parents living with you for the time being in Torrance. Or maybe you come to find that the best situation is for them to move into a nursing facility. Regardless of the final choice, get a better idea of how you can help.

When it comes to long-term care and estate administration, it’s critical to provide your elderly parents with all the assistance they need. You don’t want to get in the way, but making yourself available can help ease the stress and put everyone in a better position moving forward.

Review our website for more information on long-term care and other elder law related subject matter.

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When you’re creating your estate plan, you’ll need to determine what details you want to share with family members and what to keep to yourself. Of course, there are some things you’ll need to discuss with at least one or more family members. For example, you need to get someone’s agreement before making them your executor or trustee or giving them power of attorney or other fiduciary responsibility.

It’s also essential that your executor, and perhaps others, can access your estate planning and other important documents and contact information when you die or become incapacitated. This includes access to passwords needed to get into accounts to pay bills. It’s also wise to have a copy of your burial or cremation wishes separate from your estate plan and accessible (meaning not in a safe deposit box that’s solely in your name).

If you’re disinheriting a child, leaving one child significantly more or less than the others or leaving everything to your beloved housekeeper or the local animal shelter because you’ve already given your kids plenty, it’s best to give your family a heads-up on those decisions. They may not be happy, but at least they’ll know the decisions were yours and you weren’t unduly influenced by anyone. This can prevent legal battles when you’re gone.

Discuss the provisions you’ve made in your health care directive for end-of-life care as well as treatment (or lack thereof) if you become permanently incapacitated with the appropriate person(s). Of course, your health care proxy should know, as they’ll be overseeing your wishes. You may want to discuss them with other family members too.

When it comes to telling family members specifically what they’ll be inheriting (or not), things can get tricky. It’s often best not to give dollar amounts. Those can change over the years.

Further, if you have an adult child who’s married to someone whom you suspect (or hope) won’t be in their life for long, often it’s best not to give details about their inheritance. There are ways to leave a child money in a trust that can’t be accessed by a spouse in a divorce (or by other creditors). A general statement like telling kids or grandkids that they’ll be provided for is sometimes all that’s necessary and advisable.

Everyone’s situation is unique. Your attorney about how much information you should share with family as you develop your estate plan.

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Real estate holdings are often  the most coveted assets involved in an estate. When a loved one dies, they may choose to leave the family home to one person or more specific persons. They may also direct the executor of their estate to sell the home and split the proceeds of the sale between the various beneficiaries. In some cases, if the home has historical value, a person may direct that the property be donatd to a historical charity or local nonprofit.

In many cases, the surviving spouse of the deceased will continue to reside in the home until they pass away. If there is no spouse, sometimes other family members may feel like they have a right to live in the home. Unlike a spouse, whose residency rights may be protected under marital property laws, children and other extended family members or friends have little claim to the house of a loved one when they die.

Some people will refuse to leave because they don’t like the terms of the will

Many people have unrealistic expectations about what they are entitled to receive from the administration of an estate. They may feel they are entitled to inherit the house outright, even if they have siblings or the deceased has a surviving spouse. Sometimes, this can lead to individuals moving into the property to prevent the property from being sold or donated to keep the property for themselves.  During times of economic hardship, some family members may also feel like they should be able to live in the property without paying rent because no one else is using the property.

It can be a very difficult situation to deal with. Whether the individuals in question lived in the property prior to the death of your loved one or they moved in shortly afterward, they don’t really have a legal right to be there unless the deceased granted it to them in their estate or in writing prior to their death.  The only exception is potentially for the spouse of the deceased, who has different rights regarding property than other heirs or family members.

Adding to the problem of unwelcome tenants is the potential for spautters (random strangers) to break into the property to set up residence in the property to establish tenancy rights.  As the housing crisis in California increases, vacant homes going through the probate process are sometimes targeted by individuals looking for a free place to live.

If there is someone living in a home that you, as the executor, have a duty to sell, you may need to take steps to evict those people from the property.

The longer someone squats, the harder getting rid of them can be

Some people will put off dealing with the home for as long as possible, hoping that the people living there without permission will grow tired of the conflict and leave. Although their unauthorized presence probably won’t impact ownership, it could cause legal issues.

The more time someone else legally lives or squats in a property, the harder it can be to get rid of them. They will have personal property that they will need to gather up and remove. If it goes on for too long, they may start to assume you have tacitly given them permission to continue their illegal possession of the property.

It can be difficult for an administrator to handle the more complex parts of an estate, such as real estate transactions. The best way to avoid conflict is to be up front with everyone regarding what the will provides for. If everyone knows immediately that the will directs for the home to be sold and must be vacant, that can make it easier to avoid conflicts.

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Millions of lesbian, gay, bisexual and transgender (LGBT) people worldwide are celebrating Pride Month along with their supportive friends and family. Too many, however, have become estranged from some family members — and sometimes from their entire family — because of who they are.

Many people, for a variety of reasons, create a “logical” family when their biological family has let them down or abandoned them. If this applies to you, creating an estate plan that reflects your wishes is essential. California probate law recognizes biological and marital family ties — regardless of what those relationships are like.

When you create an estate plan, you can include or exclude (“disinherit”) just about anyone you choose, with the exception of your current spouse. Because California is a community property state, you can’t completely disinherit a spouse. You don’t have to leave anything to parents, siblings or other relatives, however.

If you’re on some sort of speaking terms with family members, it may be wise to prepare them for the fact that you aren’t leaving them anything in case they’re under the impression that they’ll be included in your will simply because they’re relatives. If you don’t, they could potentially contest the will.

You can minimize the chances of a legal contest after you’re gone and the stress this could cause for your spouse or significant other. For example, a living trust, unlike a will, doesn’t have to be made public. Therefore, you reduce the chances that people who aren’t included in it can see it, and it’s more difficult to challenge than a will. You may want to have a “no contest” clause. Your estate planning attorney can help you decide whether that’s necessary or even advisable in your particular case.

One way to help prevent relatives from contesting your estate plan is to show that you’ve put considerable thought into the provisions in your estate planning documents and that the decisions you’ve made are yours alone and not influenced by other people. You may want to consider including some language explaining why family members aren’t included. Remember that this is your estate plan, and you have the right to include — or exclude — just about anyone you choose.

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Many Californians make a revocable living trust the centerpiece of their estate plan. It allows them to maintain control over their assets while they’re alive and well. Then the assets are transferred to their designated heirs and beneficiaries upon their death.

A revocable living trust is “living” in another sense. The person who establishes it can add or remove assets during their lifetime. Note that these assets need to be titled (or retitled) to reflect the name of the trust.

So what kind of assets are typically used to “fund” a revocable living trust? Let’s look at some of the most common ones:

Bank and investment accounts: Note that this doesn’t include common retirement accounts such as IRAs and 401(k)s.

Real estate: If you put your home in your revocable living trust, you’ll need to get a new deed that lists the owner of the home as the trust. If you purchase a new home and put it in the trust, remember to list the trust as the owner. That can be easy to forget in the chaos of moving.

Business interests: This includes partnership interests and stock in closely held corporations. You’ll need to check any agreements you’ve signed to make sure there are no restrictions on retitling your interests or shares in a business.

Other personal property: This includes vehicles, jewelry, furniture and all tangible property.

Intellectual property: This includes copyrights, patents and trademarks. Check with the government agency with which this intellectual property is registered before changing your registration to the name of your trust.

Your estate planning attorney can provide valuable guidance on what assets can be placed in a revocable living trust and how to retitle your assets. This can help make things easier for your loved ones after you’re gone.

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