Recent Articles
Probate – An Overview
As a general rule, the way title to property is held on the date of a person’s death determines the procedure that must be used to change the title from the deceased person’s name into that of his or her heirs. If the property has been placed in a living trust, generally the successor… Read More »
California’s Plan for Distribution of Your Property
If you pass away without having made plans for the distribution of your worldly goods, the State of California will use its plan. These laws, called the laws of “intestate succession,” determine who your heirs are if you die without a will, trust, or other estate plan. They are based on presumptions as to… Read More »
Secrets that Should be Told
One of the primary reasons that living trusts are favored is that, unlike a will, they are not subject to public inspection. A will becomes a public document when it goes through probate. On the other hand, a living trust is not subject to probate and thus the grantor can keep his or her… Read More »
Law of Relatives
The State of California has laws that determine what happens to your worldly goods if you pass away without having made plans for their distribution. The important factor in determining who inherits the property is the legal relationship between the deceased person and his or her survivors. If the deceased person was married and… Read More »
Care and Custody of the Estate Plan
There are three core documents to a good estate plan: (1) a revocable living trust or, in very limited circumstances, a will; (2) a durable power of attorney; and (3) an advance health care directive. But estate planning doesn’t end with getting the documents created. Some people go through the effort of creating an… Read More »
Breathing Life into the Living Trust
Many people having good intentions establish a living trust to operate during their lifetime in case of disability and to distribute their assets without probate when they pass away. However, some people mistakenly assume that creating a trust is all that needs to be done. Unless you “breathe life” into a trust however, the… Read More »
Who Can Be Trusted?
When creating estate planning documents such as a living trust, power of attorney for finances or health care, or even a simple will, one of the most difficult decisions my estate planning clients face is: “Who can be trusted to handle my affairs if I become disabled or pass away?” I generally ask my… Read More »
The Advance Health Care Directive
A complete estate plan consists of three core documents: (1) a Revocable Living Trust (or a Will in certain limited circumstances); (2) a Durable Power of Attorney; and (3) an Advance Health Care Directive. In this article I will focus on the third document. An Advance Health Care Directive is a written document in… Read More »
Handling Incapacity Through a Living Trust
One way you can make provision for the handling of your affairs should you become incapacitated is through a living trust. People usually think of the living trust only in connection with death and the passing of property to a person’s heirs without probate. However, a well-written living trust should also provide important provisions… Read More »
Power of Attorney
A core document of any good estate plan is a Power of Attorney. A Power of Attorney is a legal document which you can use to give someone (your agent) the ability to handle financial transactions on your behalf. You can give your agent limited power (only for a specific transaction) or you can… Read More »