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...
A: No, your trust can be created to include any children you have now and any children that you may have in the future. Amending your trust in the future is an option if you want to change any of its provisions, but you can rest assured that it can be created...
A: Although every living person should have a will, by itself it unfortunately does absolutely nothing to help keep your kids out of probate. Having said that, just because you only have a will does not automatically mean your estate will be subject to probate. For...
A: A nomination of guardian is a document that allows you to nominate someone you trust to care for your minor children as their legal guardian if you pass while they are under the age of 18. If you do not nominate a guardian and one is needed, the court will appoint...
A: When substantial changes are made through a restatement, it simplifies the document and makes it easier for trustees and beneficiaries to understand the trust's terms without having to navigate through multiple amendments. Also, from a legal standpoint, restating a...
A: An amendment only changes particular sections of the trust while keeping everything else the same. A restatement, on the other hand, changes the ENTIRE trust content from beginning to end.
A: It depends. Under California law, the inheritance is initially considered separate property and would not be subject to an equal split in the event of a divorce. However, if you commingle the money by using it to create a joint bank account, a joint property or any...
A: Yes! As an unmarried couple, it is important for you and your partner to each create an estate plan because the law does not grant unmarried couples who are not legally registered domestic partners the right to inherit from their partner's estate or priority in...
