Blog Posts in October, 2010
Posted on Oct 29, 2010 By Los Angeles Estate Planning Attorney
If you own real estate, whether large or small you should consider setting of a revocable living trust to manage your assets during their lifetime. A revocable trust is a trust where the settlor ...
Continue reading "Reserve the Right to Change your Mind: Revocable Living Trusts" »
Posted on Oct 28, 2010 By Los Angeles Estate Planning Attorney
California has certain requirements that must be fulfilled in order to find that a will is valid and has been drafted in accordance with California law. A will is a legal instrument and as such must ...
Continue reading "Testamentary Intent is Flexible" »
Posted on Oct 27, 2010 By Los Angeles Estate Planning Attorney
Unfortunately, drafting a will, can be considered a taboo or depressing subject among family members. Therefore, many loved ones do not realize the terms of a close family member or friends will until ...
Continue reading "What to do if You have a Problem with a Loved One's Will" »
Posted on Oct 26, 2010 By Los Angeles Estate Planning Attorney
A will may likely be held invalid if there was a fraud in connection with the signing of the will. However, In order to prove that a fraud has occurred there must be proof of an intent to deceive. For ...
Continue reading "Can a Will be invalidated because of Fraud alone?" »
Posted on Oct 25, 2010 By Los Angeles Estate Planning Attorney
In January of 2010, the California Appellate Court considered the right of a parent to care for their children in considering an application for the appointment of a Guardianship of a person on behalf ...
Continue reading "Standard to Appoint a Guardian" »
Posted on Oct 22, 2010 By Renee Linares
Serving as a guardian for a minor comes with alot of responsibility. Whether you are a close family member or friend you may come face to face with this responsiblity at some point in your life. Many ...
Continue reading "Are you ready to be a Guardian?" »
Posted on Oct 21, 2010 By Renee Linares
The question is, should there be legal consequences when a person interferes with your inheritance? The recent trend of cases points to a new tort which as recently emerged. While other states have ...
Continue reading "Legal Consequences for Interference with Inheritance" »
Posted on Oct 20, 2010 By Los Angeles Estate Planning Attorney
You may locate a company that is willing to charge a cheap rate to draft your will. Certain organizations even offer free drafting of wills as part of non-profit services. While some of these events ...
Continue reading "Who did YOU hire to draft your Will?" »
Posted on Oct 19, 2010 By Renee Linares
One of the largest decisions you will make when drafting a trust is choosing the appropriate trustee to act on behalf of the beneficiaries. Many people who have a living trust simply appoint ...
Continue reading "Plan out Your Trust" »
Posted on Oct 18, 2010 By Renee Linares
The estate tax is making a return in 2011, what is everyone to do with their estate plans? Also, the return of the Federal Estate tax may also bring back the California State Tax, also known as the ...
Continue reading "The Estate Tax RETURNS IN 2011" »
Posted on Oct 15, 2010 By Renee Linares
A probate guardianship is a formal court process in which the probate court appoints a guardian to have custody of a minor and or their property (California Probate Code ยง1510). The Probate Court ...
Continue reading "How California Courts View Conservatorships" »
Posted on Oct 14, 2010 By Renee Linares
In August of 2010, the California Court of Appeals reviewed non-probate transfers in relation to the Uniform Transfer on Death ("TOD") Act, section 5500. The Court of Appeals determined whether parol ...
Continue reading "The California Court of Appeals rules on Non-Probate Transfers" »
Posted on Oct 13, 2010 By Renee Linares
In August of 2010, the California Court of Appeals reviewed a case to determine whether the Decedent, James Donald Garner, Jr. intended to transfer funds to his mother, appellant Adria Underwood and ...
Continue reading "Non Probate Transfer Disputes" »
Posted on Oct 12, 2010 By Renee Linares
In January of 2010 the California Appellate Court ruled in favor of a parent when considering an application for appointment of a guardian who was not a parent or relative. ( Suleman v. The Superior ...
Continue reading "The Right to Parent your Child" »
Posted on Oct 11, 2010 By Renee Linares
Often times when an ailing person requires 24 hour care, they become quite close with their care custodian. This may result in situations where the care custodian uses the close relationship and the ...
Continue reading "Donative Transfers to Care Custodians of Depending Adults" »
Posted on Oct 8, 2010 By Renee Linares
When drafting an estate plan you must consider many factors, including who drafts your will and/or trust. Certainly you should look for a qualified attorney. If you have concerns about how a trust was ...
Continue reading "Trust Drafting and Conflict of Interests" »
Posted on Oct 7, 2010 By Renee Linares
California was recently asked to determine, on Appeal, whether a living trust is effective under California Probate Code section 5303 to change the beneficiary of a Totten Trust Account. (Araiza v. ...
Continue reading "Changing Beneficiaries in Totten Trusts " »
Posted on Oct 6, 2010 By Los Angeles Estate Planning Attorney
In September of 2010, the California Appellate Court determined whether a decedent had successfully changed the beneficiary of her Totten Trust. A Totten Trust is a bank account where the depositor is ...
Continue reading "How to Change the Terms of a Totten Trust" »
Posted on Oct 5, 2010 By Renee Linares
In September of 2010, the California Court of Appeals considered a case that involved determining whether the beneficiary of a Totten Trust had been effectively changed by designating a different ...
Continue reading "California Weighs in on Totten Trusts" »
Posted on Oct 4, 2010 By Renee Linares
While putting together your estate plan, you should make a list of all property that you wish to transfer into a will or trust. However, you should have an attorney review any documents or assets ...
Continue reading "Beware: Property you CANNOT include in a Trust" »