Estate Planning

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Selecting a Trustee for Your Revocable Living Trust

Clients often struggle with selecting a successor trustee for a revocable living trust and an executor of their will. There are several choices that a client can make in selecting a trustee. The following is not an exhaustive list but provides some ideas for selecting a trustee. Family Members Most of my clients select one [...]

By | 2018-02-06T14:22:50+00:00 February 6th, 2018|Estate Planning|Comments Off on Selecting a Trustee for Your Revocable Living Trust

Interspousal Deed May Change Rights of Spouses in a Probate

Recently, the California Appellate Court reviewed how an interspousal deed can change the rights of spouses during a probate. In re Estate of Jackson involved an interspousal deed changing legal title of the property from husband and wife to husband solely. In this case, Husband and Wife were married for thirty six years when Husband [...]

By | 2018-02-02T08:37:43+00:00 February 2nd, 2018|Estate Planning|Comments Off on Interspousal Deed May Change Rights of Spouses in a Probate

How a Revocable Living Trust Avoids Probate

One of the many reasons touted to have a revocable living trust is to avoid probate. Probate is a court process that transfers property of a deceased person to heirs. Probate can be costly and lengthy even if nothing is contested. In Los Angeles County, it is somewhat common for probate matters to take longer [...]

By | 2018-02-01T09:03:42+00:00 February 1st, 2018|Estate Planning|Comments Off on How a Revocable Living Trust Avoids Probate

Does Probate Handle all Assets Owned by Decedent?

Probate is the legal process to pass property of a deceased person to heirs and/or beneficiaries under a will or by intestacy. Although it can include a variety of property owned by a deceased person, probate does not address all property. Some of the property not include in a probate estate includes: Real property  owned [...]

By | 2018-01-18T11:41:35+00:00 January 18th, 2018|Estate Planning|Comments Off on Does Probate Handle all Assets Owned by Decedent?

Is Probate Necessary?

Sometimes I get asked whether a probate is necessary. It really depends on the facts and what the deceased person (known as the "Decedent") left. A probate will be necessary if a person left assets titled in the Decedent's name only that is valued at more than $150,000. Probate is not necessary if a person [...]

By | 2018-01-09T15:21:06+00:00 January 9th, 2018|Estate Planning|Comments Off on Is Probate Necessary?

What is a Pourover Will?

I often get asked why do I need to do a will if I already have a revocable living trust. A pour-over will is used when there is a revocable living trust in order to ensure that property gets transferred to the revocable living trust. If property is not owned by the revocable living trust, [...]

By | 2017-12-02T02:58:42+00:00 November 21st, 2017|Estate Planning|Comments Off on What is a Pourover Will?

Things to Consider When a Purchasing a Home to Someone You Are Not Married To

The Huffington Post recently ran an article "Read This Before You Buy a House With Someone You're Not Married To," and I would agree with many of the statements made in the article. It is important to note that engaged couples and couples cohabitating without being married risk not having the protections afforded by California's [...]

By | 2017-12-02T02:58:42+00:00 November 18th, 2017|Estate Planning, Real Estate|Comments Off on Things to Consider When a Purchasing a Home to Someone You Are Not Married To

The Heggstad Petition Explained

Recently, I have had to file a few Heggstad Petitions in order to help clients put real property into a revocable trust. A Heggstad Petition is necessary when a person creates a revocable trust but does not actually place any property into the trust. Generally, when you draft a revocable trust you should also draft [...]

By | 2017-12-02T02:58:42+00:00 November 17th, 2017|Estate Planning, Real Estate|Comments Off on The Heggstad Petition Explained

What You Need to Know About Digital Wills for Your Passwords

Many times, death comes so abruptly. In order to avoid inconveniences in the time of your passing or that of loved ones; it’s important to make some early arrangements. When one dies, he/she oftentimes has something to leave to specific loved ones. It could be physical assets, monetary assets or even vital online accounts, business [...]

By | 2017-12-02T02:58:42+00:00 February 10th, 2017|Estate Planning|Comments Off on What You Need to Know About Digital Wills for Your Passwords

How to Handle Sibling Conflicts When a Parent’s Will is Contested

When a parent passes away, it is an extremely difficult time that sometimes brings out the best or the worst in a family.  Sometimes it can cause further divides between siblings, and money and possessions often have a special way of fueling the fire of existing issues.  If a sibling or another person named in [...]

By | 2017-12-02T02:58:43+00:00 February 3rd, 2017|Estate Planning|Comments Off on How to Handle Sibling Conflicts When a Parent’s Will is Contested