On Wednesday, August 29, 2018 Probate Attorney KC Marie Knox of Hymes, Schreiber & Knox, LLP will be the featured presenter of the National Business Institute’s (NBI) Seminar entitled “Probate: What Paralegals Need to Know“.
This intermediate level course is designed for Paralegals, Legal Technicians, Legal Assistants and Legal Support Staff. This Probate Seminar will:
Discuss how to efficiently handle the opening of the estate.
Review the typical timeline for probate filings.
Gain valuable tips for handling tax issues associated with probate.
Follow thorough closing procedures so accounting is complete before distribution takes place.
On March 15, 2018 Los Angeles Estate Planning Attorney KC Marie Knox of law firm Hymes, Schreiber & Knox, LLP was informed by the State Bar of California that she passed the Legal Specialist Examination in Estate Planning, Trust and Probate Law.
California Rule of Court 9.35 served as the basis for the creation of the State Bar Legal Specialization program. The program was intended to provide a method for attorneys to earn the designation of certified specialist in particular areas of law, increasing public protection and encouraging attorney competence.
The program was the first of its kind in the United States, and it has served as a model for other state programs for certifying legal specialists around the nation.
The Superior Court of the the State of California, county of Los Angeles has recognized Attorney KC Marie Knox from the law firm of Hymes, Schreiber & Knox, LLP for valued service and contributions to the Court and the Community as a member of the San Fernando Valley Bar Association Probate Settlement Officer Program.
The Pro Bono Probate Settlement Program provides parties with pending probate matters an opportunity to resolve their cases with the assistance of experienced attorney volunteers screened and selected by a committee of local bar associations.
Here are a few litigation issues that may arise with Advance Directives and why it is important to date your documents:
Claims of undue influence, duress and fraud
Trust scams and schemes
Common liabilities and liable parties
Multiple versions of similar documents that say different things is a common litigation issue that arises with advance directives. While you may have had one gifting scheme in place, you may have changed your mind after awhile.
All of these legal devices essentially do the same thing: Setting a set of directions, to an agent, that you as the principal set forth so that somebody knows what your choices are for your end of life and after life decisions.
There is federal law that governs Advance Directives known as the Patient Self Determination Act (1992). This Act requires that all providers of services give written information to each individual concerning:
Rights to make decisions under State Law
Right to accept or refuse medical treatment
Right to formulate an advance directive
Every institution must provide you with information about advance medical directives, including the right to make your own decision, under the applicable state law. Under federal law, if any institution (including hospitals and health care agencies) wants federal funding they need to abide by this.
Estate Planning Attorney KC Marie Knox was invited by the National Business Institute (NBI) to serve as a faculty member for their Elder Law: Start to Finish seminar. The Health Care Decisions and Advance Medical Directives Webcast will take place on September 7, 2016 and will cover:
This legal course is designed for attorneys. It will also benefit nursing home administrators, financial planners, trust officers, accountants, social workers, geriatric care managers, and other professionals working with elder clients on estate planning issues.
This following article titled “In Support of Sensible Legislation on Digital Assets” is featured in the October 2014 issue of the San Fernando Valley Bar Association‘s Valley Lawyer Magazine (view pdf):
For the past ten or so years, new articles have abounded regarding the difﬁculty in accessing the digital records of the dearly departed. Famous examples include:
Justin Ellsworth, the U.S. Marine who was killed while serving in Fallujah, and his father’s desperate pleas to access his Yahoo account, which were denied.
Karen Williams, whose 22-year-old son was killed in a motorcycle accident, and her desire to access his Facebook account, which was also refused.
Both parents were faced with bureaucratic roadblocks during a time when emotions were already being pushed to their limits.
Continuing from our Blog series on Digital Assets, here are a couple ways you can protect you and your family:
Identify your digital assets
You can break them down into broad categories (email, domain, storage, finances, banking, stocks, bonds, securities, taxes, retirement, insurance, credit cards, debts, utilities, businesses, social, media, loyalty and other) and for each asset identify the username, password, account number and any other identifying information necessary to access the asset.
There are many sites to store this information or you can store it to a tangible media source (such as a DVD, portable hard drive or flash drive) or Continue reading →
How many of you get “paper” bank statements? How many you write “paper” checks to pay your monthly bills? How many of you pay your bills through automatically scheduled payments? How many of you store and save your personal information on your computers and on third party sites? And what happens to this information if you are no longer around? Can your family get access to it?
According to a 2011 Census more than three-quarters of all Americans owned a computer. That number increased to nearly 90% of all Americans who had a bachelor’s degree or higher. Today, the vast majority of the population owns a computer and with it, what are now referred to as “digital assets”.
A digital asset has been defined as “information created, generated, sent, communicated, received or stored by electronic means on a digital device or system that delivers digital information.” In common parlance, digital assets include personal information contained in:
Online accounts with financial institutions (e.g. banks or credit card companies)
Online accounts with forums such as Amazon, eBay or Craigslist, that not only allow users to buy and sell but facilitate such transactions with on-line currency accounts such as Paypal.
Reward programs, such as frequent flyer miles or reward points.
Click here for Part 2 of “The Care and Preservation of Your Digital Assets”, where we will be discussing examples of digital asset disasters. If you have specific questions regarding your digital assets, you can contact our Estate Planning Attorney in Woodland Hills, Ca today.
Pets receiving an inheritance! It may sound extreme, but planning for your pet’s future is not about money, it is about security for both of you. Just as responsible parents plan in advance to appoint a guardian to care for their children, responsible pet owners need to plan in advance for their pets. If you are a pet owner, you should have two plans in place:
1) If you are unable to properly care for your pet due to an illness or other incapacity
2) If you are unable to properly care for your pet due to your death.
According to ASPCA, approximately 62% of households in the United States have at least one pet. Yet, only 17% of pet owners have taken legal steps for their pet’s protection. There are some very easy and cost-effective options which you can take advantage of now. Don’t delay, your pets are counting on you!
Option 1 (Every pet owner must do this):
Carry a Pet Identification Card with you at all times. This can either be a physical card that you carry in your wallet or purse, or additional information contained in your I.C.E. (In case of Emergency) contact on your cell phone. The information on the Pet Identification Card should include:
a) a picture of your pet
b) the pet’s name
c) the location of the pet
d) any special needs of your pet
e) who to contact to take care of the pet. This card can advise a police officer or other emergency personnel that you have a pet that also needs assistance.
Los Angeles, Woodland Hills, Santa Monica, Pacific Palisades, Malibu, Bel Air, Canoga Park, Tarzana, Sherman Oaks, Encino, Calabasas, Thousand Oaks, Westlake Village, Ventura, Oxnard, Valencia, and throughout Southern California in such counties as Los Angeles County, Orange County, and Ventura County.