Author Archives: Jay Butchko
Decanting Lets You Modify Irrevocable Trusts
There are a number of benefits to having an irrevocable trust. Because you cannot just use the assets of an irrevocable trust, or turn an irrevocable trust into a revocable one, neither can creditors, making it a very good creditor protection idea. There’s a Tradeoff But with those benefits of an irrevocable trust comes… Read More »
Can You Disinherit A Spouse In California?
You may already know that in California, spouses will be entitled to get a share of your estate, no matter what you say to the contrary in most estate documents. It isn’t easy to disinherit a spouse—that is, to keep them from inheriting anything from you. But it can be done. Why Disinherit a… Read More »
Mental Capacity And Competency: What Do These Terms Mean?
When people come into law offices to draft an estate plan, one thing that an attorney must look for is whether or not the person making the estate plan is competent to do so. Competency By “competent,” we don’t mean that the person understands the nuances of the law, or any evaluation of the… Read More »
What Is Undue Influence In Estate Planning?
The great thing about proper estate planning is that it can keep you out of probate court. But you also often hear about probate fights—family fighting each other over what a deceased’s will or trust said. But how can this be? If the deceased left a will or trust that definitively said XY or… Read More »
Understanding Homestead Protections In California Probate Courts
When you pass, you may assume that your home will be left to your kids or your family, especially if they are still living in your home. But is that always the case? Can you be certain that your family will be able to keep the family home when you are gone? Could Family… Read More »
What Happens If Someone Dies, But There Is No Proof Of Death Or No Body?
When someone dies, their property should be administered according to their estate plan, or according to what a probate court says. There is often dispute and debate about who gets what, challenge to estate documents, or things that the probate court has to iron out, in order to transfer the property to whomever it… Read More »
Long Term Care Planning In Your Estate Plan: What Are The Differences?
If you are creating an estate plan, one thing you may be considering is planning for long term care, and the expenses related to it. That may be care for you, or leaving money to help care for a loved one, if and when he or she needs long term care. Long Term Care… Read More »
Health Care Directives And POLST Orders: What’s The Difference And Do You Need Both?
Many of us are aware of the importance of the documents that direct others as to our healthcare, when we get ill, or when we get too infirm or unable to make our own medical and healthcare decisions. But there is a lot of confusion about two different types of documents, that sound similar,… Read More »
Protecting Assets From Medi-Cal Recovery
California’s Medi-Cal program is a great program where the state can assist the elderly in the expenses needed, related to medical treatment, managed care and nursing home care. The program allows those who otherwise couldn’t afford it, to get medical, nursing home and similar care. The problem however, is that after the recipient passes,… Read More »
Joint Property Ownership Can Be An Estate Planning Tool
When it comes to estate planning, many of us think of going to an estate planning attorney and doing up an entire estate plan. But many people don’t realize that one part of estate planning happens before you actually make an estate plan: it’s when you buy property. That’s because buying a home or… Read More »