A: Yes, your sister has a right to receive an accounting! Specifically, under California Probate Code §16062, after your mom passes away, you will be required to provide a full accounting not only to your sister, but to EACH beneficiary at least once per year until...
A: Answering this question requires a complex analysis of several factors, and, due to IRS requirements that the salary should be "reasonable", this question should generally be answered by a qualified CPA. However, one fact to keep in mind is that the MAXIMUM amount...
A: In California, Probate Code Section 6124 states the general rule that if the original will cannot be located, there is a presumption that the will was intentionally destroyed. However, Probate Code Section 8223 allows a petition to be filed in order to bring forth...
A: Yes! You can transfer your out-of-state property to yourself as trustee of your California trust. By doing so, you will ensure that it will be administered under the terms of the trust that you have carefully considered and created. Failing to transfer your...
A: Not at all! Since the Settlors (the name given to the clients that create the trust) are able to exercise absolute control, dominion and discretion as to all the assets of the trust, no separate EIN will be required, and you will not have to file any separate tax...
A: In the event of an unexpected death, courts will consider the best interests of a child when determining who is the best fit as guardian, and the wishes of a parent are generally given tremendous weight in making that decision. If it matters to a parent who would...
A: Here are 7 reasons NOT to add your child to the title of your home: 1. CAPITAL GAINS TAXES. Your child will lose the full step-up in tax basis upon your passing, which could cost the child significantly in tax liabilities upon an eventual sale of the property. 2....
A: Yes! We typically recommend young adults execute a Durable Power of Attorney, Advance Health Care Directive, and HIPPA Waiver. Since your son is now legally an adult, you no longer have authority to act on his behalf in the event of an emergency or otherwise. He...
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)...
A: It is very common and understandable for people to set up their estate plan assuming all the people you want to leave money to are still living at the time of your own death. However, far too many court battles have taken place due to a lack of contingency...
