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Joint Guardianship Limitations

As well as having many responsibilities and duties as a joint guardian, your control over the child may come with limits placed on those duties. In the Order for Appointment of a Guardian, the court ...
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Joint Guardianship Legal Process

As a parent faced with a life threatening disease, you may have considered using a joint guardianship for your minor child. Once you've established that a joint guardianship is the right course of ...
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Joint Guardian - Your Role and Responsibilities

As soon as the parent becomes unable to care for the child the appointed guardian will then become responsible for the child's care, custody, and general well-being. The duties required of the ...
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Why Terminally Ill Parents May Consider A Joint Guardianship

As part of any estate plan, choosing a guardian for your minor child or children is essential. At this stage for many parents, of course they assume that they are not going to die anytime soon, and ...
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Changes To California Probate Law - 2012

It seems like for every new year, there are going to be more new laws. And let's face it, hardly any of us are ever thrilled about that. However, this year there are some changes to the California ...
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Making A Valid Inheritance Disclaimer

If you have discussed the option of disclaiming an inheritance with your estate attorney and have decided it is the correct course of action, there are several rules as to which you will need to ...
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Can I Disclaim An Inheritance?

Why exactly would anyone want to refuse their inheritance? Well, believe it or not, refusing, or disclaiming, an inheritance may actually be more beneficial to you than accepting it. If the ...
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Benefits of Family Limited Partnerships

A Family Limited Partnership has many benefits and can be a highly valuable tool in your estate plan. As a parent, you can protect your assets even in cases where an accident may have been caused by ...
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Types of Family Limited Partnerships

In a Family Limited Partnership there are two types of partners that are involved. These are General Partners and Limited Partners. The General Partners are the ones who actually control the ...
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Family Limited Partnership

If you are looking for a way to create a limited partnership in order to transfer asset ownership to members of your family without a mountain of tax consequences, a Family Limited Partnership may be ...
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New Year. New Assets?

Welcome to the year 2012! A brand new year with brand new possibilities. And perhaps some brand new property assets? If you are one of the fortunate ones that had a stellar 2011 and have acquired a ...
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Trying To Avoid Gift Taxes? The IRS May Be Coming For You!

Earlier this year the IRS filed a lawsuit against the California Board of Equalization due to the board's refusal to turn over records on real estate transfers made to relatives with little or no ...
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DIY Estate Planning Is No Substitute for The Real Thing

At a glance, online legal form providers may seem like a cheaper alternative way to go for 'do-it-yourself' estate planning. After all, the commercials on radio and television make it seem ...
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Custodial Accounts vs. Trusts

While custodial accounts are very similar to trusts, the point of a custodial account is to allow you to transfer property to minor beneficiaries without having to establish a trust. They work in the ...
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Inheritance To Minors - Restricted Accounts

If you want to leave and inheritance to a minor beneficiary, and the amount of that inheritance is not too substantial, a good idea would be to leave the assets in a restricted account. This way you ...
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Inheritance To Minors - Lifetime Trust

If you are thinking of leaving a minor a substantial inheritance you may want to consider leaving it to them in a trust for their entire lifetime. The benefits of creating a trust like this are: - You ...
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Inheritance To Minors - Staggering A Trust

If you are considering leaving an inheritance to minor beneficiaries you will need to plan carefully as property left to minors will most likely be subjected to some kind of court-supervised ...
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Unlimited Gift Exclusion for Medical Expenses

In previous posts we discussed types of payments that will qualify for tax exemptions, such as the unlimited education gift exclusion. Another one of these such unlimited exclusions would be payments ...
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Unlimited Gift Exclusion for Education

In addition to the annual exclusion gift there are two types of unlimited gifts. These will not count against the annual gift tax exclusion. The first of these unlimited types of gifts would be any ...
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Annual Exclusion Gift for Year End Estate Planning

Now that all the Thanksgiving leftovers have been eaten and the madness of Christmas shopping has begun, it means that the end of 2011 is fast approaching upon us. However, between the shopping and ...
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Do Not Hesitate To Call Your Estate Planning Attorney

Even if you've already gone through the process of setting up your estate plan, you should always feel free to give your estate planner a call when there are some additional questions or concerns ...
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Are Trustees Protected from Fiduciary Breaches by No Contest Clauses?

Not according to the California courts. In the case of Christopher Gene Fazzi v. Norma Jean Klein, 2010 Cal. App. LEXIS 2112 , Christopher sought to remove his mother, Norma, has the sole trustee for ...
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When A No-Contest Clause is Not Applicable

In the event that a decedent's trust contains a no-contest clause, does that mean that a beneficiary has no right to compel the trustee to distribute and account for the assets? Not necessarily. ...
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Protecting Assets Gifted to Your Children

So you want to pass on some assets to your child without their spouse being able to have any control over these assets? Why would you want to do that? Well, the truth is, most parents can see the ...
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World's 2nd Richest Woman Placed Under Guardianship

Liliane Bettencourt, the heiress to the L'Oreal cosmetics fortune, has recently been found to be mentally incapable of managing her affairs by a French judge. This decision now grants control of ...
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