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Blog Posts in 2011

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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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Has Your Estate Changed With The Leaves?

Autumn brings about a lot of changes to the surrounding natural environment. One could not be hard pressed to stop and scan the horizon to view these colorful changes. But have you taken the time to ...
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Simple Advice for Durable Power of Attorney Agents

So, you've found yourself named as the acting agent under general durable power of attorney. Here are a few simple guidelines to help you understand and carry out the duties required of you under ...
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Estate Abuses By Gov. Officials

Often times we view the courts and the government as entities that are there to help us in our times of need. However, that may be a false sense of security when it comes to estate affairs. Claims of ...
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California Small Estates

In the State of California, estates can be distributed through an independent probate according the decedent's will or court-supervised if there were no estate plans. However, there is another ...
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Divorce Renders Power of Attorney Null

In the last post I wrote about how when the principal passes away it automatically nullifies any powers of attorney that might have been in place during his/her lifetime. But there is also another ...
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Powers of Attorney Cease When You Become Deceased

Powers of attorney are an essential part of your estate plan while you are still alive. However, did you know that they are useless after you die? Any authority that is granted under these powers ...
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Are Will or Trust Details Being Witheld From You?

Do you believe that you might have been named in a loved one's will, like your father's, but were never shown any will or trust documents and perhaps a sibling or other family member is now ...
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What Will Happen to Steve Jobs' Slice of Apple?

So, what will become of Steve Job's estimated $7 BILLION estate? Many people are well aware of his stake in Apple, but many might not have known that Jobs had a big bite out of Disney as well. He ...
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Generation Skipping Transfer Tax - What Is It?

A generation skipping transfer tax may be applied to your estate if you leave all or part of your estate to your grandchildren bypassing your own children. This tax can be very expensive and is also a ...
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Has Your Child Become A Legal Adult?

Is today that big day? Is today the day your child becomes *gasp* an adult? You might have been thinking of the perfect gift to give your child once they turn 18. Perhaps a vacation or a brand new ...
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Online Reporting for Elder Abuse - Coming Soon!

With the many budget constraints on the State of California at the moment, there are also many concerns about being able to report crimes, like elder abuse, in a timely manner. Thankfully, a new law ...
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