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...
Estate Planning
Q: My spouse and I set up a trust over 10 years ago. Do we need to update it?
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...
Q: I have lived with my partner (we never got married) for over 25 years in the same house, but he’s the only one on title. Would I have rights to the house if he passes away?
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...
Misconceptions about estate planning
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...
Q: Can I include belongings in my estate plan that aren’t worth a lot of money but are still important to me?
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...
Q: I don’t have the kind of money that Princess Diana had but I still want to provide for my minor children when I’m gone; how can I do that?
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...
Q: Why are Special Needs Trusts so critical for individuals receiving government benefits?
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...
Q: I just got remarried; do I need to make any special updates to my estate plan to protect my children?
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)...
How can unmarried couples plan their estate?
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...
Q: What is a Notice of Proposed Action?
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)...
