A: No, California does NOT recognize common law marriage. Therefore, it is even MORE imperative to have a well-designed estate plan in place to make sure you are each provided for in the event of an untimely death.
A: The new Medi-Cal law essentially states that for anyone who dies after January 1, 2017, Medi-Cal is only allowed to recover reimbursement against assets that are subject to the decedet's probate estate. Or, said differently: Medi-Cal is prohibited from going after...
A: You can choose either option! There may be valid reasons to pick multiple people to act as the trustee, just as there may be valid reasons to only have one person acting at a time. An experienced estate planning attorney can usually advise as to what would make the...
A: Although you certainly can, you will want to be thoughtful before doing this. You could inadvertently disinherit one of your children if you decide to sell one of those properties during your life and then fail (or forget) to go back and update your estate planning...
A: After your death, however, your trust will become irrevocable and your successor trustee will need to obtain an EIN in order to file the trust's income tax returns. If you have any questions about this, don't hesitate to reach out or schedule a free consultation...
A: Although they both allow someone else to legally act on your behalf, the most important difference is that you get to pick your power of attorney whereas oftentimes the court will choose your conservator (and sometimes without your ability to participate i.e. if...
A: We recommend having her sign a Durable Power of Attorney, HIPAA, and Advance Health Care Directive. If your child is 18, you no longer have any emergency decision making authority should they need urgent help accessing finances or making health care decisions. If...
A: 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. As soon as possible after the divorce proceedings have been initiated, you should update...
A: Yes you will. A will has no effect or power over property owned in joint tenancy, as the surviving joint tenant(s) will always inherit the interest of the deceased joint tenant, even if the deceased joint tenant had a will with different terms!
A: In California, Probate Code Section 6124 states the general rule that if the original will cannot be located, there is a presumption that the will was intentionally destroyed. However, Probate Code Section 8223 allows a petition to be filed in order to bring forth...
