Author Archives: Jay Butchko
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 »
Keeping Inheritances Out Of Creditors’ Hands
Let’s say that you want to leave money or assets to someone in a trust. There’s one problem: The person you are leaving the assets to, has or may have, a lot of creditors. The last thing you want is for money that you leave to this person, to be taken by his or… Read More »
Unclear And Subjective Trust Conditions Can Lead To Legal Problems
Many of us will be left an inheritance in a trust, or we will create a trust for the benefit of our friends or family members. And with that trust will come terms and conditions for the distribution of those assets. A trust can have many conditions or goals to be met, before the… Read More »
Handling Cryptocurrency In Your Estate Plan
As time goes on, cryptocurrency like Bitcoin and others is becoming a larger part of our wealth and assets. That means that they should be accounted for in any estate plan. But there are legal and technological issues in estate planning for cryptocurrency that you should be aware of, and prepared to deal with,… Read More »