General, Specific and Residuary Testamentary Gifts.

Gifts in a decedent’s will or trust fall into any of three categories: General, specific and residuary. A will or trust may involve some or all of these categories. Let us discuss each category. A general gift is a gift of a sum of money to an individual or a charity. For example, “I leave […]

posted on: June 6, 2024

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Revocable Trusts and No Asset Medi-Cal

The revocable living trust has become increasingly important for California residents who receive Medi-Cal benefits. Medi-Cal has a variety of different programs, including the Modified Adjusted Gross Income (“MAGI”) Medi-Cal for persons between 18 and 65 years old, various different Community Based Medi-Cal programs (for the aged, blind, disabled, medically needy, and working disabled), and […]

posted on: June 1, 2024

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The Handwritten Will

California law allows handwritten wills to be valid as, “holographic wills” if they meet the requirements of section 6111 of the Probate Code. That a person can informally write a handwritten will means that anyone who is unable, for any reason, to see an attorney in a timely manner can nonetheless legally express their testamentary […]

posted on: April 29, 2024

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Lack of Information Frustrates Estate Administration.

In addition to signing all necessary estate planning documents to put one’s affairs in order, it is necessary to consider what additional information will be needed by the persons carrying out the estate plan when the time comes. First, it is necessary for the individual named to carry out the estate plan to know that […]

posted on: April 11, 2024

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Dependent Adult Children and Estate Planning

Some adult children live with their parents. Perhaps they returned home after a divorce, the loss of a job, due to a disability, and perhaps they never left. Often the parents providing free rent and utilities and even food and money to cover transportation and insurance. The children may take care of household chores. What […]

posted on: March 22, 2024

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Amending A California Trust

In California, people who own real property generally establish a revocable living trust, as settlors, and transfer title to their assets to themselves as trustees to avoid probate when they die. While alive, a settlor retains the separate powers to revoke and amend their living trust, so long as they have the mental capacity to […]

posted on: February 15, 2024

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Creditor Claims Against A Decedent’s Trust Estate.

The recent appellate court decision by the First Appellate Department of the California Court of Appeals in Spears v. Spears, 97 Cal. App. 5th 1294, 2023 Cal. App., is an important change to how creditors of a decedent’s estate could satisfy their creditor’s claim against the decedent’s trust estate, under certain conditions, in the California […]

posted on: February 1, 2024

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Keeping Seniors and Dependent Adults Safe.

People who live alone, especially seniors and dependent adults, may benefit from routine welfare checks to see if any assistance is needed. What options do seniors and dependent adults, and their families, have to be proactive about such matters. Is the senior or dependent adult’s home safe for them to live in? Perhaps the home […]

posted on: January 17, 2024

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The Corporate Transparency Act

Corporate Transparency Act On January 1, 2024, the Corporate Transparency Act (“CTA”) became effective U.S. law. The CTA requires small domestic businesses and foreign businesses conducting business in the U.S. to report Beneficial Owner Information (“BOI”) to the Financial Crimes Enforcement Network (“FinCen”) regarding the business and its beneficial owners, i.e., the individuals who ultimately […]

posted on: December 22, 2023

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Reducing Risk of Family In-Fighting

Parents typically do not want their surviving children to fight over their inheritances after the parents die. Careful planning may reduce the risk of foreseeable in-family conflicts. Let us discuss. When real estate is involved, it is quite possible that one or more children may hope to inherit a particular piece of property. Sometimes a […]

posted on: December 7, 2023

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