Redlands California Estate Planning Blog

Many music fans in California have continued to appreciate the work of Aretha Franklin since her death in 2018. However, some have expressed reservations about her estate planning skills. There is still an ongoing legal dispute over who should have control of her estate. One of the singer's sons filed a restraining order against Franklin's niece to stop her from taking any further action on behalf of the estate. Her other son has asked to be named a co-executor of the estate.

Franklin's niece claimed that she found three handwritten wills in May 2019 at the singer's home. The son who filed the restraining order says that the will written in 2014 named him the executor of the estate. Another of Aretha Franklin's sons reportedly agrees with that assessment. It is also alleged that the names of the current executor and the son who asked to be named a second executor to the estate were crossed off of the 2014 will.

One of the many important legal documents California residents who are chronically ill should have in their estate plan is a living will. This document allows individuals to expressly state their health care preferences. In addition to addressing decisions regarding end of life care, it can state whether individuals have certain religious beliefs that would affect the health care they receive or if they do not want any restrictions on the treatment they receive.

People with chronic medical conditions can alter the general language of a living will to detail the specific conditions they have. They can also detail at what stage their condition is and how the condition may progress. Their desire to receive experimental treatments can be mentioned as well as whether the agent appointed under a financial power of attorney is responsible for funding such treatments.

On June 25, 2019, the Blue Water Navy Vietnam Veterans Act of 2019 was signed into law by President Trump. Veterans who live in California might be entitled to disability benefits. The legislation, which was championed by the American Legion, is designed to extend benefits to certain veterans for several conditions that have been connected to exposure to Agent Orange.

Anyone who served on the ground in Vietnam or within a distance of 12 nautical miles of the Vietnam coastline had already been extended coverage by the Agent Orange Act of 1991. If the veteran has been diagnosed with diabetes, Parkinson's or certain cancers, the condition is presumed to have been caused by exposure to the chemical. The reference title for the bill is H.R. 299; it will also give pension benefits to the spouses of some veterans who died because of service-related disabilities.

From an estate planning perspective, it may be better for California residents to have a trust as opposed to a will. One of the benefits of a trust is that it can help those who become disabled during their lives. Instead of having a guardian appointed by a judge manage a disabled person's affairs, the trust can name a person to fulfill this role. When an individual does die, assets can be transferred without a need to go through probate.

This means that there will not be a will contest or other significant legal wrangling. Furthermore, the trust is a private document that is not open to inspection by the public. By keeping assets in a trust, there is no need to go through probate in each state where a person lives or owns property. This can make it easier for a trustee or other surviving family members to settle an estate after an individual dies.