If you want to open your young person’s creative juices to the written word, or encourage their writing talents, consider attending “Igloos in Oceanside,” a March 26, 2011 (rescheduled from February 26th) event hosted by Kid Expressions.  Time and Place: 9:00 a.m. at 802 South Tremont Street, Oceanside, California.

At Igloos in Oceanside, rigid styro-foam triangles each about three feet tall will be used to create a geodesic half-dome  about twelve feet in diameter, and big enough to cozy up inside away from the California rainstorms! Your child can claim a triangle of his own, and draw, paint, scribble, or write anything he wants onto it.  The event is free, but a donation is requested, as is online registration.

The event will be catered by The Flying Pig, and is meant to bring attention to Kid Expressions’ program of children’s writing workshops.  Young writers will be divided into three classes by experience: Beginning Writers, Advanced Writers, and Authors, each mentored by adults.  90-minute seminars will be presented once a week for eight weeks, covering topics such as: “Character Development” and “Writing From Experience.”

I learned about this event from noted designer and children’s book illustrator Teri Rider. For myself, I just hope they’ll still be offering seminars when my little “Samuel Clemens” has learned to write his ABC’s.  For the rest of you, good luck!

“My daughter has her biological father’s last name, but he isn’t on her birth certificate. He isn’t involved in her life. My husband wants to adopt her but we’re not sure what all we have to do in order to get it done. Also, my husband is in the military and we are currently living in California. My daughter, however, was born in Texas, which is also where her biological father is. Do we have to go by Texas laws? or California?”

And my answer:

“Unless your daughter is the subject of an ongoing family law case in Texas, jurisdiction in California is appropriate.  You will work with the Superior Court of the County in which you are living.  You will complete California mandatory forms Adopt-200 (to submit at hearing) Adopt-210 (to sign in court) and Adopt-215 (for the judge to sign).

You’ll take the forms to court and pay a filing fee. Soon thereafter, a social worker will meet with you and then write a report. When you receive a copy of the report, you’ll ask for a hearing date. Assuming all is well, you will bring the child with you to court on the hearing date, along with all of the forms, assorted friends/family, and at least one camera, and the three of you will leave court with a new familial relationship (and often with a new Teddy Bear for your daughter).

Best wishes to you.”

So you see… adoption can be a relatively straightforward and painless process, especially where one parent doesn’t need to be consulted – as he was left off the birth certificate!

Special Needs Trusts are often prepared for disabled adults with disabling conditions, such as: autism; paraplegia or quadriplegia; Alzheimer’s disease; mental illness; even chronic chemical dependency. The function of the SNT is to provide a pool of funds from which a trustee can distribute to the disabled person only so much money that they don’t imperil their ability to obtain government benefits such as SSDI (Social Security) or Medicare (Medical, here in California).

A few notes for practitioners:

(1) Many template-drafted SNTs restrict the ability to revoke, amend, or terminate. Revocation is one thing – by all means make the trust irrevocable. But the ability to amend or terminate are important tools for the trustee, and necessary flexibility every attorney should provide in the SNT.

What if the beneficiary comes into a flood of income? They may no longer want some funds tied up by the SNT.

What if the law changes, as it recently did to enable trustees to pay for clothing? If the SNT restricts the ability to pay for clothing, then the trustee can amend the trust to deal with the change in the law.

(2) It’s important to distinguish between third-party trusts and first-party trusts. A first-party trust is funded by the disabled person themselves, and should be a grantor trust. A third-party trust is funded by someone else, usually a parent or child, and remains revocable throughout the grantor’s lifetime. The rules are different regarding each, and so some investigation must take place to ensure that the source of funds really is that third party and not the beneficiary themselves. What if the client says: “My mother gave me this money, and it’s mine to do with as I please. But I feel obligated to put some of it into this trust – she wanted me to be able to care for her.” Arguably, the mother in this example transferred the money to her daughter in order to fund the trust!

(3) It’s usually a good idea to draft the Special Needs Trust as a stand-alone trust, rather than as as part of a larger AB or other living revocable trust.

It’s a common mistake by estate planning attorneys who don’t deal often with special needs situations, and it may seem more efficient to have the SNT kick in only on the death of the surviving settlor. But there’s good reason to consider drafting it as a separate trust. You can designate different trustees and successor trustees. You can give the grantors important insight as to how the trust will/must be managed by having them manage it during their lifetimes, while they can still modify or revoke it. Also, it’s likely you’ll be designating different residuary beneficiaries in the SNT than in the AB-Trust.

Just some things to think about. The most important advice, as always: consult an attorney with experience not just in drafting trusts but in advising successor trustees!

Good luck, and good planning!

In the short term, the California Supreme Court sounded very dubious in recent oral arguments about overturning the passing of Proposition 8, limited marriage to that between one man and one woman. It’s ridiculously easy to change the California Constitution, and they’re not about to take it on themselves to make it more difficult.

In the long-term, that means that we’re bound to see a new proposition on the ballot to amend the constitution to allow for same-sex marriage. Will it pass? Not at first. I sense the people are basically willing to have the supreme court say it’s unfair to discriminate, but will be less willing to stand up themselves and vote the change in. Eventually I see it coming. In the next 4-6 years? I don’t think so.

Additionally, I think the opponents of same sex marriage will attempt to make it more difficult to change the constitution – perhaps requiring a 2/3rds majority vote, in an effort to delay progressives.

Stay tuned!