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Estate Planning Newsletter

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    If you create an estate planning document leaving property to a charity, but after your death the transfer cannot occur, the court may apply the cy pres rule. The words “cy pres” are French for “as near.”... Read more.
  • Remedy for Fraudulent Transfers of Property
    A constructive trust is a remedy imposed by a court when a person has wrongfully attained property in an inappropriate way. The court will undo the transaction and order that title to the property go to the rightful... Read more.
  • Valuing an Interest in a Company for Estate Tax Purposes
    In 2001, Congress passed legislation incrementally increasing the amount exempt from federal estate taxes and completely eliminating estate taxes in the year 2010. However, the legislation contains a “sunset” provision... Read more.
  • Overview of the Delaware Series LLC
    Limited Liability Companies (“LLCs”) are a form of business ownership which is a separate legal entity much like a corporation. An LLC is treated like a partnership for tax purposes and like a corporation for liability... Read more.
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Obligations of a Guardian

In certain cases, a minor may need to be assigned a legal guardian either because a parent is not able to care for the minor, or because the existing guardian is not competent. When a guardian is appointed, he/she will have the same custodial rights as the minor's parent.

Guardians are appointed by a court, upon application or nomination and approval, or the court may select and appoint an appropriate guardian at its discretion.

Types of Guardians

Guardian of the person:

  • Provides or arranges for the minor's residence
  • Arranges for medical treatment for the minor

Guardian of the estate:

  • Manages the minor's property
  • Invests the minor's money
  • Provides financial support and educational opportunities to the minor

Guardian of the person and estate

  • Has the combined powers of the above 2 types of guardians (custody and management of property)

Guardian of specific property:

  • Cares for certain item(s) of property belonging to the minor

Guardian ad Litem:

  • Appointed for limited, short-term purpose of prosecuting or defending a legal proceeding on behalf of the minor

Guardianship Not Permitted

  • A minor cannot have a guardian if he/she is married or has been married
  • If the minor has been married but cannot care for himself/herself, a conservator may be appointed

Termination

A guardianship will end upon the occurrence of one of the following:

  • The minor dies
  • The minor becomes 18 years old
  • The guardian dies
  • Resignation or removal of the guardian
  • A court order terminating the guardianship
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The Law Offices of Marian C. Blakeslee
The Law Offices of Marian C. Blakeslee is located in Sausalito, CA and serves clients in and around Sausalito, Mill Valley, Corte Madera, Larkspur, Belvedere Tiburon, Greenbrae, San Quentin, Stinson Beach, San Rafael, San Anselmo, Fairfax San Francisco, Ross, Novato, Woodacre, San Geronimo, Nicasio, Forest Knolls, South San Francisco, Alameda County, Contra Costa County, Marin County and throughout northern and southern California.
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