What to Consider when Selecting a Trustee

Are you thinking of estate planning? One of the main steps to take in this process is to choose a trustee to manage your trust estate. Essentially, this is a person who will manage all aspects of the trust estate and make major decisions related to it. Given the important nature of the position, the […]

posted on: July 7, 2020

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Appreciating the Differences Between Probate & Trust Administration.

          Probate and trust administration are not the same.  There are important differences and similarities between administering a decedent’s probate estate and administering a decedent’s trust estate.  Let’s begin with the differences.           Probate is court supervised whereas trust administration is private.  To commence probate one publishes notice in a newspaper and appears at a […]

posted on: July 2, 2020

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What Assets go Into a Trust and what Assets Stay Out?

As you are considering financial planning, it is important to think about the assets you have and how they will be managed. One way to easily do this is by creating a trust that can hold your assets. While there are a number of sources of wealth, a trust should only be used for certain […]

posted on: May 6, 2020

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Urgent Estate Planning Considerations During Covid-19.

            Certain urgent estate planning issues have arisen during the present Covid 19 health crisis.  These issues concern getting diagnosed by a physician, intubation and the use of Internet based communication (e.g., Skype and Zoom) instead of in person meetings.  Let’s discuss how they affect your power of attorney, advance health care directive, and living […]

posted on: May 5, 2020

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What to Consider when Selecting a Trustee

Are you thinking of financial planning and what it entails? One of the main steps to take in this process is to choose a trustee for your estate. Essentially, this is a person who will manage all aspects of the estate and make major decisions related to it. Given the important nature of the position, […]

posted on: February 28, 2020

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How a second marriage can complicate estate distribution later

Estate planning can be complicated even without the extra issue of a second marriage. It is always best to discuss these issues with a financial planning lawyer in California so that you are aware of any major issues that may complicate things down the road. The first step to take is to gather all of […]

posted on: February 22, 2019

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Conditional Gifts & Testamentary Intent

Bequests (gifts) in a Will or a Trust can require a beneficiary to meet a “condition precedent” in order to receive the bequest. Only if the condition is met does the beneficiary’s interest vest. Must a condition precedent always be satisfied? If a requirement becomes impossible to fulfill, a beneficiary may sometimes still inherit if […]

posted on: November 27, 2018

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Signing for and Representing Another

There are many and varied situations when a person needs someone else to sign for, and/or to represent, their interests. These situations can arise because the person is a minor (under age 18), is physically or mentally incapacitated, is unavailable (e.g., incarcerated), or is subject to a Conservatorship. Persons under age 18 are unable to […]

posted on: November 1, 2018

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Adoption and Inheritance Rights

In California, an adopted child obtains all the same rights of inheritance as a biological child born to the adoptive parent. He or she can inherit either from or through a deceased adoptive parent. Generally speaking an adopted child at the same time loses such inheritance rights from or through his or her biological parents. […]

posted on: October 17, 2018

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Veteran Affairs (VA) Needs Based Benefit Regulations

Effective October 18, 2018, the Veteran Affairs (“VA”) Department implements its new regulations concerning Net Worth, Asset Transfers and Income Exclusions for Needs Based VA Benefits. The rules determine the eligibility of veterans, their surviving spouses, and their dependent children to receive pensions and other needs based VA Benefits. Let us discuss some highlights. The […]

posted on: September 27, 2018

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