The law presumes that everyone wants that their estate planning documents to be respected. A “no-contest clause” (also appropriately called an “interrorem” clause) when properly used is intended to discourage unhappy beneficiaries from contesting the terms of a will, a trust or other protected instrument (e.g., a designated death beneficiary form). A beneficiary who violates […]
posted on: September 12, 2020
Read MoreExpressly disinheriting, or simply omitting, a child as a beneficiary in one’s will or trust can occur for a wide variety of reasons; such as, a quarrel, an estrangement, not wanting to give more to a child who has plenty, or not wanting to give to a child who will abuse or squander their […]
posted on: August 20, 2020
Read MoreIn California, if a decedent dies with a “small estate”, the “Affidavit Procedure” may be used by the decedent’s successor in interest, “… to collect money, receive tangible personal property, to obtain evidence of a debt, obligation, interest, right, security or chose in action ”. Let us discuss. Presently, a small estate in […]
posted on: August 7, 2020
Read MoreMineral rights are the ownership rights to underground resources, such as oil or natural gas. Mineral rights can be severed (separated) from the ownership of the surface land and so be owned by a different person. Such rights can be acquired by purchase, lease, gift or inheritance, either outright or in trust. Depending […]
posted on: July 22, 2020
Read MoreAre 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
Read MoreProbate 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
Read MoreCalifornia’s Medi-Cal program requires beneficiaries to pay a monthly Share of Cost towards meeting their healthcare expenses. Share of Cost is computed based on the beneficiary’s monthly income less deductions, such as for the personal allowance and for any monthly maintenance needs allowance (to keep the beneficiary’s well spouse from impoverishment). Share of Cost, […]
posted on: June 12, 2020
Read MoreMany of my clients want to remain in their homes for as long as they are mentally and physically able to do so. Nowadays, with the Pandemic, people who avoid going into a residential care facility, such as an assisted living or a skilled nursing home, are much less likely to get Covid-19 and […]
posted on: May 28, 2020
Read MoreAs 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
Read MoreCertain 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
Read More© 2026 Dennis A. Fordham All Rights Reserved
Follow Us