Estate Planning

Q: I’m considering buying an investment property with my brother, but he’s able to invest more than I can. Can we own different percentages of the property?

A: Yes, you can! In California, two individuals can take title to real property as tenants-in-common, and in whichever percentages the owners agree on. For example, your brother could own a 75% interest as a tenant-in-common while you own a 25% interest as a...

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Q: I already have a trust and I am going to open a new bank account. How can I make sure that new bank account is part of my new trust estate and that it doesn’t end up in probate?

A: Any time you open a new bank account that you want to include in your trust, be sure to title the bank account in your name as trustee of your trust. This will ensure that the account is administered as part of your trust estate and that it is not subject to...

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Q: Am I allowed to name all of my children as co-trustees of my trust when I pass, or do I have to pick one person to be in charge of carrying out my wishes?

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...

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Q: If I die owning a home with a mortgage, will my beneficiaries need to keep paying the mortgage after my death?

A: Yes, your beneficiaries will inherit the home subject to the mortgage. This means the outstanding balance of the mortgage doesn't go away when you pass away. Instead, the mortgage remains attached to the property, and your beneficiaries will need to continue making...

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