Author Archives: Jay Butchko
Do I Need An Attorney If I Am A Trustee Of A Trust?
Congratulations – you’ve been selected to be a trustee, or maybe you’re even volunteering to do it. Except, as the saying goes, with great power comes great responsibility. That means you, as a new trustee, have that responsibility. Is it a responsibility you can handle without an attorney? Trust Basics: What is a Trust?… Read More »
Leaving And Accounting For Intellectual Property In Your Estate Plan Documents
When we think about estate planning, we often think about our “tangible assets.” This generally means our physical property, money, or the items that we can use, spend, or touch. But what about intangible assets, like intellectual property? What is Intellectual Property? Intellectual property is the general term for the things that we invent,… Read More »
What Is A Trust And Why Do I Need One?
You probably hear an awful lot about using trusts as an estate planning tool. Between inter vivos trusts, testamentary trusts, revocable and irrevocable trusts, and specialized trusts like gun trusts, pet trusts, and loads of others, you may find yourself getting back to the basic question of why you would ever need a trust… Read More »
What To Do If You Are Named Trustee Of A Trust
Although we have often written about the benefits of starting your own trust, what happens if you are on the other end of that trust? What if you are named as a trustee? You may be confused, and concerned that you don’t have the estate law knowledge necessary to properly carry out your duties… Read More »
Some Basics: What’s The Difference Between A Will And A Trust?
Wills and trusts are words that are often used interchangeably, but they actually have very different meanings, and can do very different things. It’s good to have a basic knowledge of the difference between these two instruments to understand how they impact your estate planning goals. What is a Will? A will is quite… Read More »
Gun Trusts May Save Your Beneficiaries A Lot Of Trouble
Regardless of where you stand on gun control politically, the fact remains that many guns are quite valuable, and many gun collections can be expensive. Like any items of value, you may want to pass them on to your friends or family. Regulations and Laws The problem comes with the myriad of laws that… Read More »
The Generation Skipping Tax Can Cause Problems
When you inherit property, the government sees that inheritance as a benefit or profit, much like making money, and the government wants their share of it. That’s the basis for estate taxes. So, how about this plan: Instead of leaving something to your children, where there would be an estate tax, just leave it… Read More »
Caring For Your Animals Through Pet Trusts
When we plan our estate, we often think of family members and friends, as we should. But have you thought about your pet? You may not even be aware that there is a way for you to take care of your pets in your estate plan through the creation of what is called a… Read More »
Rights Of Surviving Spouses In California
Surviving Spouses in California have several rights and benefits provided by California law. Omitted Spouse’s Share If a spouse was left out of a Will unintentionally, the surviving spouse is considered an “omitted spouse” under California probate code 21610, and is entitled to receive all of the deceased spouse’s community property and a share… Read More »
What Is A Step Up In Basis?
Let’s pretend that your grandfather was a big comic book fan, and in his will or in his estate documents he leaves to you his valuable comic book collection. The collection today could be worth hundreds of thousands of dollars. If you later sell that comic book collection, you may owe capital gains taxes… Read More »