Recent Posts in Estate Planning Attorney Category
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Posted on Sep 20, 2011 By Los Angeles Estate Planning Attorney
I would wager that the main type of property you would want to have protection for when you die would be your home. Many states, including California, have what are called homestead allowance ...
Continue reading "Homestead Declaration as Part of Estate Planning" »
Posted on Jun 27, 2011 By Los Angeles Estate Planning Attorney
You've become the Executor of an estate, but what do you do now? Whether you knew this was going to become your role or not, now you've got to take on the many responsibilities that go along ...
Continue reading "Executor Reimbursement From An Estate" »
Posted on Jun 22, 2011 By Los Angeles Estate Planning Attorney
Choosing an executor of a will is an important process in estate planning. A choice that should not be made until several factors are taken into consideration. The obvious route when choosing an ...
Continue reading "Things To Consider When Choosing An Executor" »
Posted on Dec 24, 2010 By Los Angeles Estate Planning Attorney
There are many benefits to drafting a living trust. Most people aim to set up a living trust to avoid a formal and costly probate or to put a mechanism in place to manage their finances should they ...
Continue reading "More Reasons to Consider Setting Up a Living Trust" »
Posted on Dec 23, 2010 By Los Angeles Estate Planning Attorney
A revocable inter vivos trust, commonly referred to as a "living trust" is created during the settlor's lifetime and that the settlor has the power to revoke while still living. The trust is described ...
Continue reading "Why Most People Consider Setting up a Living Trust" »
Posted on Dec 22, 2010 By Los Angeles Estate Planning Attorney
A testamentary trust is a trust that is created by a will and that does not take affect until after the death of its' creator, referred to in legal terms as the testator. (Blacks Law Dictionary 5th ...
Continue reading "When is a Testamentary Trust Right?" »
Posted on Dec 17, 2010 By Los Angeles Estate Planning Attorney
In 2009, the Second District Court of Appeal held that the beneficiary's petition for modification of a special needs trust provision does not violate the no contest clause of the trust, even if the ...
Continue reading "A Beneficiary's Petition for Modification of a Trust did not violate teh No Contest Clause" »
Posted on Dec 14, 2010 By Los Angeles Estate Planning Attorney
When putting together your estate plan, you should hire an experienced estate planning attorney to avoid any unintended distributions of your estate. In 2010, the California Court of Appeal held that ...
Continue reading "Disinheritance Cluase may not avoid Anti Lapse statute" »
Posted on Dec 10, 2010 By Los Angeles Estate Planning Attorney
If you are planning on making changes to your estate plan, or if you are drafting an estate plan for the first time, you should ensure that your capacity will not be called into question. A ...
Continue reading "Capacity in California" »
Posted on Dec 7, 2010 By Los Angeles Estate Planning Attorney
Certainly, the decision to start an estate plan must be focused to your particular needs. For example, if you or a loved one is receiving government benefits you may require a different type of trust ...
Continue reading "Pick the Estate Plan that Works Best for YOU" »
Posted on Dec 1, 2010 By Los Angeles Estate Planning Attorney
Most people are eager to avoid a formal probate process. Certainly, there is motivation to avoid the process of distributing property to loved ones through the courts if possible. One way to avoid ...
Continue reading "Avoiding a Formal Probate" »
Posted on Nov 24, 2010 By Los Angeles Estate Planning Attorney
Now that we are nearing the holidays, the taxable year is also coming to a close. This may also be a time that people think to reduce their taxable income. One way to reduce the amount of taxes you ...
Continue reading "The Season for Charitable Trusts" »
Posted on Nov 23, 2010 By Los Angeles Estate Planning Attorney
There are many ways to care for your parents as they enter their twilight years. You may chose to assist your parents by setting up a living trust , and name yourself as trustee to manage your ...
Continue reading "How Your Estate Plan can take care of Dependent Parents" »
Posted on Nov 15, 2010 By Los Angeles Estate Planning Attorney
Often times you will hear people refer to the terms Inter Vivos Trust and Testamentary trust when they are trying to set up an estate plan. Currently, the trend in estate planning has been to set up ...
Continue reading "Should YOU Consider a Living Trust?" »
Posted on Nov 12, 2010 By Los Angeles Estate Planning Attorney
The first thing you need to do to prepare for your estate plan is to make a list of your known assets. You should take an inventory of all your assets and determine how you would like them distributed ...
Continue reading "Make a List of YOUR Assets to Plan Ahead" »
Posted on Nov 11, 2010 By Renee Linares
In November 2010, the California Court of Appeals ruled on whether a grandparent's trust intended to include their grandchild pursuant to the definition of "issue' in their trust. Charles and Serene ...
Continue reading "How do YOU define Issue?" »
Posted on Nov 10, 2010 By Renee Linares
If you are considering an estate plan to ensure that your children and grandchildren are taken care of, you must plan for all possibilities. Many grandparents want the opportunity to take care of any ...
Continue reading "Draft your Trust to Include ALL Intended Beneficiaries" »
Posted on Nov 3, 2010 By Los Angeles Estate Planning Attorney
In yesterday's blog, we discussed how capacity affects a person's ability to execute a will in California. Pursuant to California Probate Code section 811 a determination that a person lacks the ...
Continue reading "Capacity in California Continued" »
Posted on Nov 3, 2010 By Los Angeles Estate Planning Attorney
In yesterday's blog, we discussed how capacity affects a person's ability to execute a will in California. Pursuant to California Probate Code section 811 a determination that a person lacks the ...
Continue reading "Capacity in California Continued" »
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 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 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" »
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