Estate Planning

Q: My husband and I have 2 adult children (a son and a daughter) and we own 2 properties (our home and a rental); should we just leave one of the properties to our son and the other one to our daughter?

A: You can, but be aware that setting up your trust this way could lead to some seriously unintended negative consequences! For example, if you ever sell one of the properties and then you either forgot to (or were unable to) update your trust thereafter, you will...

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Q: In my original trust, I included a $10,000 cash gift to my nephew, but now I want to write him out. If I pass away, will he ever find out that I had included him but then changed my mind?

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...

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Q: My dad recently died with a will leaving everything he owned to me as his only child, but he named his girlfriend as a beneficiary on a savings account with over $25,000 in it. Who has the legal right to that money?

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...

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Q: If my mom and dad purchased their home in 1981 and are on title as joint tenants, what can they do to reduce the taxes the survivor would have to pay if they ever decided to sell the property?

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...

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Q: I am the successor trustee of a trust. Do I really need to hire an attorney to represent me as trustee?

A: You should strongly consider hiring an experienced trusts and estates attorney. Whether you are the acting successor trustee during the lifetime of the person who created the trust or after he or she has passed, you have a number of fiduciary duties to fulfill and...

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