Whether it's an unexpected death or a loss of brain function, some California residents are left in situations where no will is in place and their assets become the source of an intense legal battle because they are no longer able to make conscious decisions.
Etta James, the R&B icon that recently passed away, had luckily just settled a lawsuit regarding her estate just weeks before her death. On January 20, the 73-year-old singer died from complications of leukemia, which she was diagnosed with in 2010. She also suffered from hepatitis C and dementia. Her worsening condition and particularly her degenerative brain disease became the root of a legal battle that lasted for most of the last year of her life.
As of last January, she was incapable of signing her name or independently carrying out basic tasks like eating and getting dressed. Artis Mills, her husband of 41 years, asked the court for control of roughly $1 million of James' bank accounts to pay for her medical services.
But, the Rock 'n' Roll Hall of Famers' son from another father, Donto James, opposed Mills' lawsuit because his mother had given him power of attorney in 2008. Donto also intended for the money to go toward his mother's care, but wanted an independent third-party to manage the funds instead of Mills.
However, Mills claimed that his now-deceased wife was not mentally competent when she granted Donto that power years before, while Donto argued that she was still mentally alert and even performing.
Forbes reported that just a few weeks prior to her death, the two sides came to a solution. Mills was permitted to be her conservator in the settlement, and was therefore granted permission to control $350,000 of her money for health care, and was also allowed to make medical and financial decisions for her.
Californians who haven't designated a conservator should meet with an estate planning lawyer to ensure someone they trust will be there to make tough decisions when they can't. Finding an attorney for this type of expert consultation can be as simple as taking advantage of lawyer referral service that helps its clients find experienced attorneys.
Attorney Search Network is a California state bar certified legal referral service that helps clients find an attorney for nearly any type of case, whether they require a family lawyer, bankruptcy attorney, estate planning attorney or criminal lawyer.
