The California probate process follows a timeline set by the state probate laws and the local probate court rules. Once the original will is found it is filed by the court. This can be done by either a relative, the person named executor, or the attorney. It doesn’t matter if it’s a statutory form will, […]
Estate Planning
When a caretaker has mom or dad make the caretaker the beneficiary of their estate
See CA Probate Code 21350 et. seq. California recently passed a new law that clarifies language as to who is considered a caretaker and under what circumstances a transfer from the sick or weak person to their caregiver may be considered fraud, undue influence, duress or menace The statute is designed to protect people who […]
How to avoid conservatorships by using general powers of attorney and powers of attorney for health care
A conservatorship can be avoided if you plan ahead while you healthy and choose a legal representative to handle your financial affairs and property if you are unable to manage them on your own due to an unexpected injury, illness, temporary or permanent disability, or incapacity. Having a power of attorney in place, allows you […]
What’s a Trusted Helper and Why Do I Need One?
A trusted helper is an individual (or firm) that you choose to carry out your estate plan. Even if you’re a very independent do-it-yourselfer, you will need help should you become disabled and when you die. Specifically, every estate plan needs several trusted helpers: Executor of the will Successor trustees of the trust Guardians for […]
Stay in Control with These 3 Estate Planning Documents
One of the most highly cited goals of estate planning is staying in control; therefore, most estate plans are designed to keep you in control. To stay in control, you must have these 3 estate planning documents. 1. Will Your will keeps you in control of your children, the distribution of your property, and the […]
Is Your Estate Plan as Stale as Last Week’s Bread?
Just like bread, your estate plan can get stale. Just not quite as fast. As stale bread won’t work for your peanut butter and jelly, a stale estate plan won’t work to carry out your estate planning goals. Here is a list of 10 ways to know if your estate plan is stale. Your documents […]
How to Choose Your Trustee in 5 Easy Steps
Choosing the trustee of your living trust is an important task and shouldn’t be made without thorough thought. The trustee of your trust will serve if you are no longer able to serve, through disability or death. This is the person who will step into your shoes and carry out your instructions. Here are the […]
7 Things You Need to Know about Your Estate Plan
Here is a list of 7 things our clients often haven’t realized, before they walked into our office. But, thanks to our discussions and a comprehensive estate plan, our clients are now on the right track. Check out this list of 7 things you need to know (but may not know) about your estate plan. […]
How to Protect Your Child’s Inheritance from her Spouse
Whether you pass a large gift during your lifetime or an inheritance at your death, you are likely concerned that your child’s assets may be mishandled or taken by his or her spouse either during the marriage or during a divorce. You can protect the assets you give to your child by transferring the assets […]
Estate Planning for Blended Families
Having a blended family adds a layer of complexity to estate planning; however, it’s worth the effort because estate planning can protect both your children, from a previous relationship, and your second (or third) spouse. Your options depend upon the size of your estate, your beneficiaries’ needs, your goals, and whether you are insurable. Often, […]