With fires destroying homes and their contents it begs the question, what happens if a person’s estate planning documents go up in flames? How important is it to preserve the original documents? Where should these documents be kept? A decedent’s original will is required to commence probate. Without the original it may be difficult to […]
posted on: October 16, 2017
Read MorePowers of Attorney allow one as Principal to authorize and empower an Agent (Attorney-In-Fact) to act on their behalf within the scope of authority provided in the Power of Attorney, and the law. A person who executes a Power of Attorney does well to anticipate the foreseeable obstacles which their Agent may encounter when the […]
posted on: October 2, 2017
Read MoreWhen you consider estate planning, you usually think about the “big picture”. Doing so, helps to ease the burden on your surviving loved ones of managing your estate after you die. However, to ensure the overall success of your estate plan, you will want not to overlook certain possible situations that might arise. A qualified […]
posted on: September 26, 2017
Read MoreServing as an executor of a will or as an administrator of an estate with no will can be a complicated and demanding responsibility. This is especially true for someone working as an executor or an administrator for the first time. Many legal responsibilities are imposed upon a person who is administrating an estate. In […]
posted on: September 26, 2017
Read MoreBanks and Credit Unions are required to report both known and reasonably suspected cases of financial elder abuse, when such cases present themselves within the scope of banking activities (section 15630.1 of its Welfare and Institutions Code). Reports are made either to Law Enforcement or Adult Protective Services immediately, or as soon as possible. California […]
posted on: September 18, 2017
Read MoreMany people rely on Joint Accounts and Pay on Death (“POD”) Accounts to manage their finances and to transfer what remains at death without probate. These are sometimes used as alternatives to Trusts where the remainder of a person’s estate is less than $150,000 in gross value and there is no intention for any inheritances […]
posted on: September 5, 2017
Read MoreLife is dynamic and not static. That said, keeping one’s estate planning documents relevant and on point as life changes requires periodic updates. A person should always redo their estate planning documents when they either get married or get divorced in order both to avoid possible unintended consequences and to properly provide for their new […]
posted on: August 18, 2017
Read MoreWhat are the primary differences between a Will and a Living Trust (“Trust”)? Some primary differences are whether a Probate will be necessary; the costs and fees involved; the kind of assets and legal affairs to be managed; and when the document takes effect. A Will is a “legal instrument” used to name an Executor […]
posted on: July 31, 2017
Read MoreOne important consideration in estate planning is whether assets left in trust to a beneficiary may become subject to the beneficiary’s own creditors’ claims. The California Supreme Court recently addressed this issue in Carmack v. Reynolds (2017) 2 C5th 844 and resolved certain ambiguities in California’s Probate Code sections 15300 et. seq. […]
posted on: July 17, 2017
Read MoreMany blind or disabled persons receive needs based government benefits — like SSI and Medi-Cal — whose stringent income and resource limitations prevent families from gifting much needed money directly. Persons wishing to assist them often establish Special Needs Trust or Pooled Special Needs Trusts. Now ABLE accounts help some blind and disabled persons to […]
posted on: June 26, 2017
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