Recent Blog Posts
Don’t Forget These Things If You Are A Trustee
If you are creating an estate plan, there is no doubt that a vital part of that plan is the creation of trusts. There are no shortages of the kinds of trusts that you can use and there is surely a trust that can accomplish whatever your estate planning goals may be. But there’s… Read More »
Who Pays Your Creditors After You Pass Away?
If you are doing estate planning, you probably intend that your beneficiaries will get whatever you designate that they get in your will, trust or other estate document. But what about your creditors? Do your beneficiaries or surviving family have to pay your creditors? No Automatic Debt Unless they are on the debt—that is,… Read More »
Aretha Franklin’s Family Goes To Court Over Multiple Wills
Although rock and blues legend Aretha Franklin died in 2018, the debate over her estate is apparently just beginning. Franklin’s relatives are headed to court, to debate about what she wanted to happen with her sizable estate. No Formal Will Like many people, Franklin died without a will. By some accounts, she was hesitant… Read More »
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 »