Although Probate Code Section 6122 largely disinherits a former spouse automatically upon entry of a divorce judgment, the same is NOT true while the divorce is in process. Therefore, as soon as possible after the divorce proceedings have been initiated, you should...
Rose Law Firm of Napa Valley, Inc.
Q: Prop 19 is on the ballot. What does it do?
California Proposition 19 proposes changing the rules for tax assessment transfers. A vote "yes" supports the constitutional amendment to: increase the number of times that homeowners over 55 years old or with severe disabilities can transfer their tax assessments...
Q: I’ve been told I should leave an asset list as part of my estate plan. What are the top 10 items to include on this list?
A: A list will ensure that your assets are easily transferred and that your family will know exactly what you own so nothing falls through the cracks. Insurance Policies Bank and Retirement Accounts Deposit Boxes (and keys) Real Estate/Mortgages Valuable Personal...
Preguntas y respuestas sobre la herencia de las propiedades inmobiliarias
Para muchos, parece como un sueño hecho realidad. Un lejano tío sin otros herederos fallece, solo para dejarte una magnífica propiedad frente al mar. Mientras que a casi todo el mundo le encantaría heredar la casa de ensueño después de la muerte de un pariente o amigo...
Q: Is there anything we can do to financially protect our homes in case of fires in the future?
A: One valuable tip, although insurance-related and not necessarily a legal tip, is to contact your insurance agent and have them revisit and advise you on your replacement cost average on your homeowner's insurance. You want to ensure that, in the event you lose your...
Protecting an inheritance in a divorce
In most cases, any inheritance money that you receive is yours to keep regardless of your marital status. This is generally true whether you obtain the funds prior to getting married or during the course of a marriage. However, California law generally considers any...
Q: How do I keep my children from blowing away their inheritance?
A: If you have children who cause you to lay awake at night wondering how they might waste their inheritance, make sure to tell your trust attorney. Evaluating the maturity, spending habits, and bad choices of your children will help determine how you should plan for...
Q: Is estate planning only for wealthy families?
A: No! Estate planning is essential for every family. Even if you're not wealthy, you should at least have a will, a financial power of attorney, and a power of attorney for health care. A will names who will receive your belongings after your death. It also names who...
Q: Is a valid will enough for my heirs to avoid probate?
A: Although a will is an essential piece to an estate plan, on its own, a will does absolutely nothing to help keep your family out of probate. Having said that, just because you only have a will does not automatically mean your estate will be subject to probate. For...
Q: How does the probate process work?
A: If probate is necessary, someone must come forward to start the probate process, which generally lasts six months to a year and consists of three main phases: 1) Appointment of the executor/administrator; 2) Administration of the estate; and 3) Closing of the...
