A: It depends! If you merely amend that distribution section to eliminate him from your trust, then by law he will be entitled to a copy of both the original trust and the amendment. However, to avoid this scenario, we often counsel clients in similar situations to...
A: No. Unfortunately, despite its potential convenience benefits, the TOD Deed comes with numerous downsides. One of those downsides is that the TOD Deed can only be used to transfer the following types of California real estate: 1: a single-family home or condominium...
A: Unfortunately, Probate Code Section 5302(b)(2) is very clear that in this case, the named beneficiary on the savings account (the girlfriend) will inherit ALL of the sums therein, even if the decedent had a will naming a different beneficiary (the child). Estate...
A: You will most likely not need to appear at hearings. Most courts in California use a tentative ruling system. This means that the day before the hearing on a petition, the court will post its intended ruling on the petition. If the tentative ruling is to grant the...
A: You will need to lodge your mom's will with the court within 30 days of her passing and also file a petition to be formally appointed as the executor of her estate. Although you are named in the will, you will need specific documents from the court in order to take...
A: Your mom and dad should not only create a trust, but should also sign a Community Property Agreement. In California, which is a community property state, confirming their assets as community property could save the surviving spouse as much as six figures in taxes...
A: There are many ways to handle this. If you are confident that your children will not have negative feelings regarding the contents of your estate plan, it can be helpful to share your current documents with them so that they know what to do after you have passed....
A: Yes! In fact, married California property owners have had a chance to hold title as Community Property with Right of Survivorship since 2001; it offers all the benefits of survivorship combined with the tremendous tax advantages associated with the “double step-up”...
No one wants to think about their own mortality, as end-of-life issues understandably bring anxiety for most people as well as their beloved family members. But making and talking about these plans while you’re mentally and physically able can actually bring peace of...
A: If your trust was set up over 10 years ago, it may need to be updated to avoid unnecessary costs and administrative work after you or your spouse passes. Trusts created before 2011 were often set up as "A/B Trusts" that must be split into two separate trusts after...
