Should you include in your power of attorney the power to amend your trust

I have been thinking lately about when to include in a durable power of attorney the power to amend a trust.   The power of attorney works when you are unable to make your own decisions, perhaps because of an accident or perhaps because of age-related illness.  You can sign a power of attorney  now but may not need it, if ever, until many years into the future. Let's say you sign a trust and a power of attorney this year with your spouse.  Years from now, you are incapacitated.  Your spouse starts handling your affairs by using the power of attorney.  But should your spouse be able to amend the trust that you signed years before?  That trust should state who [...]

By | March 28th, 2013|Uncategorized|

Moving to California or out of California

People who have moved from another state to California often come to my office with a will or a trust written under the laws of another state.  They want to know if they need a new will or trust now that they live in California.  I generally advise people to write a new will or trust under California law if they plan to stay in California.  Why?The answer is related to a complex area of the law called "conflicts of law."  This means that a court has to figure out what to do if the law of the will or trust--let's say Oregon--conflicts in some way with the law of California, where the person now lives.  You want to avoid [...]

By | March 15th, 2013|Articles|

Welcome To My Blog

Welcome to my blog site. You have found a rather unusual law practice that can solve your family, business and international legal needs – all under one roof. And you’re not going to be shuffled off to some attorney in a large office. When you call, you will deal with Michael Larsen himself. Whether wills, trusts, durable powers of attorney or any business-related legal issues, I am totally committed to your peace of mind. My clients typically reside in California, are small business owners, families with assets, or both. Some of them have family or property in foreign countries. I enjoy the challenges of cross-border issues that arise through inheritance and property ownership in other countries, such as Canada, France, [...]

By | March 11th, 2013|Articles|
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