Tag Archives: Probate

New California Digital Privacy Law


Earlier this month, California Governor Jerry Brown signed into law a very broad statute that protects digital privacy rights.

Called the Electronic Communications Privacy Act, it does not allow any law enforcement agency to force a business to turn over any metadata or digital communications without a warrant.  The new legislation seems to be the most comprehensive in the United States.

Here’s an article from Slate we found that provides lots of details about the new California law.

For more information on how to protect your digital assets, go to www.diesmart.com or look for our book  “ACCESS DENIED” on amazon.com.

California passes right-to-die law

131754-gov-jerry-brown_1This past week, Governor Jerry Brown of California signed a bill into law that makes it legal for a dying person to end his or her life.  When Brown signed the bill, he also released a letter to the state assembly explaining why he agreed to sign it.

He said, “The crux of the matter is whether the State of California should continue to make it a crime for a dying person to end his life, no matter how great his pain or suffering.  In the end, I was left to reflect on what I would want in the face of my own death.”

“I do not know what I would do if I were dying in prolonged and excruciating pain,” Brown wrote. “I am certain, however, that it would be a comfort to be able to consider the options afforded by this bill. And I wouldn’t deny that right to others.”

The law requires that patients are able to administer the life-ending drug themselves.  Also, their decision must be submitted in written form, signed by two witnesses and approved by two doctors.

California becomes the fifth state to have a right-to-die law.  New Mexico, Oregon, Vermont and Washington are the others.

For more information about end-of-life decisions, go to www.diesmart.com.

Are your loved ones protected when you die?

last-will  Larry and Susan had been living together for more than 20 years.  They never legally married; they said once had been enough.  A piece of paper wouldn’t change how they felt about each other.  Larry had been married before and had two sons.  Susan had also been married previously and she had a daughter.

When Larry’s father became incapacitated, they moved into his house to take care of him.  His father, to thank them for all they’d done, left the house to Larry in his will and named Larry beneficiary of his life insurance policy.  When his father died, Larry inherited the house and Susan and Larry continued to live in the house.  Larry promised to deposit the check from the insurance company into their joint bank account as soon as it arrived.

As Larry was crossing the street on his way home from work one day, he was struck by a car driven by a drunk driver and he died almost instantly.

Larry didn’t have a will and had not left any legal document naming Susan as his heir.  They lived in a state that did not recognize common law marriage so, when he died, his sons inherited everything.  They forced Susan to move out of the house and refused to give her any of the proceeds from the life insurance policy.  In essence, Susan was left with almost nothing!

Families today are very complex.  Some are the traditional married mother and father in their first marriage.  Many more are couples who were previously married to other spouses or who are legally married gay couples.  However, many people live together without benefit of a legal ceremony. This mixture of circumstances makes inheritance much more difficult and complex.

The only way to be sure your loved ones are protected is to prepare a will or a trust naming the person(s) you want to inherit your assets when you die.  Otherwise, state law will dictate who receives what.  Not you. It’s frightening that more than half of the people living in the United States today do not have a will and have not protected their loved ones. You can find a simple will form on the internet or can meet with an estate planning attorney to discuss the options that are best for you.

Don’t be like Larry.  Act now so those you love will be protected when you’re gone. For more information about wills and estate planning, go to www.diesmart.com.

Your Medicare premium may jump 52% next year!

cost increaseThere’s a Social Security Administration law that says that if they fail to boost the annual cost of living adjustment in any given year, they can raise the cost of Medicare for wealthier subscribers. Since the SSA has announced that there will be no cost of living adjustment for 2016, more than 15 million United States seniors will face a premium jump from $104.90 to $159.30 or more.  This is because of a little known law that punishes wealthier Medicare users when that adjustment is not made.

The only way this can be avoided is if Congress or the Health and Human Services Secretary Sylvia Matthews Burwell intervenes. If you want to weigh in on this issue and try to stop the increase, contact your congressman immediately.

For more information about Medicare and other issues related to our aging population, go to www.diesmart.com.

Probate – More public than ever!

ancestry  Ancestry.com just announced that they’ve made a new addition to their site.  When you search for someone, you will not only see facts about their life but may see a copy of their will and probate records.  Ancestry claims that “probate records often document family relationships over multiple generations. Wills can also give insights into your ancestor’s lifestyle and personality: J.P. Morgan left large bequests to his librarians; Louisa May Alcott asked that her papers be burned.”

Do you want everyone to see the details of your estate?  If not, you should think about meeting with an attorney and preparing a trust.  That way, everything will be confidential.

For more information about wills, trusts, probate and estate planning, go to www.diesmart.com.