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: If you forget to name a beneficiary on your retirement account, the assets in the account typically do not avoid probate and may end up being distributed according to your will (if you have one) or based on state intestacy laws if you don’t. In some cases, the...
A: You sure can, but it's not advisable! The worst part of a DIY trust is that by the time problems start sprouting up, there is nothing that can be done to fix them (because they typically aren't discovered until AFTER you're gone). Creating a trust on your own my...
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: Yes! This is a particularly common scenario when it comes to estate planning attorneys retiring. Many attorneys already have systems and processes in place for this exact situation. A client always has the right to switch attorneys at any time, even if their...
A: The two major types of decisions you will make in your estate are: 1) Who will you nominate to act as fiduciaries in your estate planning documents, and 2) How your assets will be distributed after you pass away You can begin by thinking about whether you have...
A: There are several reasons a trust may be attacked or challenged as invalid, including: 1: Mental Incompetence: The grantor lacked the requisite mental capacity 2: Undue Influence: External pressure affected the grantor’s decisions 3: Forgery: The trust document is...
A: Yes, if certain conditions are met. Specifically, if your stepparent survived your parent, and then died without ever remarrying, that stepparent could leave you his or her primary residence and the County Assessor will in fact consider that stepparent your...
A: Yes! Although the attorney will typically transfer business interests and real estate into your trust for you, you will almost always need to personally coordinate with your financial institutions to transfer your accounts into your trust, even AFTER you sign all...
A: If you die without a will or trust in California, your estate will be distributed according to California's intestacy laws. This typically means that your assets will be divided among your closest relatives, such as your spouse, children, or parents, depending on...
