Legal Guidance For Mothers

In honor of Mother’s Day this month I would like to provide some legal guidance for Mothers.

Mothers are always busy doing several different things for her family whether its laundry and

housekeeping or grocery shopping or driving children to and from school and/or activities. No

matter how busy Mothers are with their daily tasks, they are dedicated to the needs of their

children. Mothers also want their children to remember to look after each other and to live in

peace with each other even after their death.

This year is my 19 th year as a zealous advocate providing legal services for clients who find

themselves in need of legal guidance. Mothers are no different, they too need legal guidance in

order to make sure that their children remember to look after each other and live in peace with

each other. I advise Mothers that they can save their family members and their heirs a lot of

time, money and heartache if they choose now to “Put It In Writing.” The legal documents

required for a comprehensive estate plan include a Trust; a Last Will & Testament – Pourover

Will; a Healthcare Directive, and a Power of Attorney. These legal documents need to be in

writing in order to avoid the cost and delay of court procedures upon incapacity or death.

I advise mothers that California law will write a will for them and that their property will be

distributed to their spouse and/or their children. However, if you choose not to sign legal

documents, you are causing your family undue stress, undue delay and significant costs. If your

children are minors, you will need to nominate a guardian who will take care of them until they

reach the age of 18. If you have not nominated a guardian, California law will look first to your

parents. Are your parents too old? Too sick? Too far away? Maybe your parents do not have the

same values and beliefs with which you want your children to be raised. All of these items are

factors you must consider.

If you are married but undergoing a dissolution of marriage proceeding or a legal separation, you

will want to “Put It In Writing” to disinherit your soon to be ex-spouse. If you fail to do so and

you die before your marriage is terminated, this soon to be ex-spouse will inherit all of your

separate property assets and your one-half of the community property assets. If you are about to

get married, you will want to “Put It In Writing” to make sure that your fiancé inherits from your

estate.

If you have step-children that you want to include, you must “Put It In Writing” otherwise they

will not inherit from your estate. If you have natural-born children that you do not want

included, then you must “Put It In Writing” otherwise they will inherit from your estate.

Disinheritance is more common than you think. Sometimes disinheritance is necessary because

the beneficiary has a history of alcohol and/or drug abuse and the testator cannot expose them to

the risk of receiving large sums of cash. Disinheritance is also considered if the beneficiary has

a disability and is receiving public assistance benefits which could be lost due to a large

inheritance. An alternative to disinheritance for this type of beneficiary is a Special Needs Trust.

If you own your residence in your name only but you live with someone you want to have the

right to live there after you die, then you will need to “Put It In Writing.”

Mothers perform various functions and would make good lawyers. Good lawyers act as advisors,

advocates, negotiators and evaluators. Mothers also act as advisors, advocates, negotiators and

evaluators. As advisor, a lawyer provides a client with an informed understanding of the client's

legal rights and obligations and explains their practical implications. As advocate, a lawyer

zealously asserts the client's position under the rules of the adversary system. As negotiator, a

lawyer seeks a result advantageous to the client but consistent with requirements of honest

dealings with others. As an evaluator, a lawyer acts by examining a client's legal affairs and

reporting about them to the client or to others.