A: Unfortunately not; California does not recognize common-law marriages between long-term, cohabitating partners. The only way for your partner to protect you in the event of his untimely death is for him to put together a well-designed estate plan. If you have any...
There are a number of obstacles that may keep Californians from creating an estate plan. Some people do not want to think about the issues involved. Another obstacle is that there are a number of myths about estate planning. Myths can also lead to people creating an...
A: Absolutely. Your estate plan gives you the opportunity to communicate to your loved ones how you would like belongings that have special meaning to you handled. Whether it be a family heirloom, a box of albums, or an important personal keepsake, your estate plan...
A: Most of us either watched or heard about Oprah's groundbreaking interview with Prince Harry and Megan Markle on Monday. Princess Diana originally left Prince Harry and Prince William around $8.9 million to be fully accessed when they turned 30. However, because of...
A: Special Needs Trusts are designed to supplement, but not supplant, the means-based government assistance and benefits that your loved one is receiving! The language of the SNT establishes that the trust funds are to be used only for specific purposes to improve the...
A: If you get remarried and never update your estate planning documents before your death, the state of California will automatically include your new spouse in your estate plan by default. The Omitted Spouse Statutes (probate code sections 2160, 21611, and 21612)...
In the state of California, your spouse is entitled to a certain share of your assets when you die unless you state otherwise in your will. However, unmarried people aren't entitled to those same protections. If you don't plan on getting married soon, including your...
A: A Notice of Proposed Action essentially requires a beneficiary to “speak now or forever hold their peace.” California Probate Code sections 16500-16504 permit a trustee to give notice to the beneficiaries of a trust that the trustee intends to take (or not to take)...
The Prop 19 planning really only makes sense if both of the following are true: 1) You have a VERY low property tax bill (relative to current fair market value); and 2) You believe your children will want to hold onto the property after you're gone (rather than sell...
A: There are three main options for California property owners that have low property tax bases who want to leave the properties to their children. 1: Do nothing. This allows your children to inherit the property and receive a stepped-up basis as of the date of death...
