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Blog Posts in October, 2012

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  • Trust Modifications and Revocations - Part II
    Trust Modifications and Revocations - Part II

    T he method by which trusts may be amended is first determined by the method described in the trust instrument. If the trust instrument is silent on the method of trust modification, then in ...

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  • Trust Modifications and Revocations
    Trust Modifications and Revocations

    Under the current law, trust amendment or modification is governed by Probate Code section 15402, which states that, unless the trust instrument provides otherwise, if a trust is revocable by the ...

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  • Testamentary Capacity to Execute Trust Amendments
    Testamentary Capacity to Execute Trust Amendments

    Testamentary capacity to execute trust amendments may be governed by Probate Code section 6100.5 or sections 810-812. Probate Code sections 810-812 require a higher standard of capacity as compared to ...

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  • Utilizing Retirement Plans for Asset Protection - Part III
    Utilizing Retirement Plans for Asset Protection - Part III

    Nonqualified Plans Nonqualified plans include Individual Retirement Accounts (IRAs), Simplified Employee Pensions (SEP), deferred compensation plans, 403(b) plans with a custodial account, and plans ...

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  • Utilizing Retirement Plans for Asset Protection - Part II
    Utilizing Retirement Plans for Asset Protection - Part II

    Anti-Alienation Clause ERISA-compliant plans contain an anti-alienation clause that prohibits the creditors of the participant as well as that of the sponsoring organization from attaching the assets ...

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  • Utilizing Retirement Plans for Asset Protection - Part I
    Utilizing Retirement Plans for Asset Protection - Part I

    There are certain protections that exist under both the federal and California law that shield retirement plans from creditor claims. Such protections may be beneficial to individuals who do not only ...

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