A: Absolutely! This is a very common scenario, and most attorneys have a specific workflow and process designed for that exact situation. In fact, even if a particular attorney is still practicing, an client always has the right to switch attorneys at any time if they...
Q&A
Q: I would like to make gifts to my children this year, but I am concerned about gift taxes. What amount can I give each child without being taxed?
A: As of January 1, 2024, the annual gift tax exclusion amount is $18,000 per recipient. This means that you can gift each of your children up to $18,000 this year without incurring any gift tax. If you are married, you and your spouse can each make gifts in the...
Q: One of my 2024 goals is to purchase a California investment property with my sister, but she is able to invest more than I can. Can we own the property together in different percentages?
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 sister could own an 80% interest as a tenant-in-common while you own a 20% interest as a...
Q: What will the new federal estate exclusion amount be for people who die in 2024?
A: For people who die in 2024, the net worth of their estate must be greater than $13.61 million dollars for their estate to owe any federal estate taxes. The married couple exclusion amount, therefore, will be $27.22 million dollars!
Q: Why did Santa Claus set up a living trust?
A: Because he wanted to ensure his assets were as well-managed as his list of who's naughty and nice! Santa, known for his meticulous record-keeping and generous gift-giving, understands the importance of planning for the future. Setting up a trust can be crucial for...
Q: How do I transfer my business interests into a trust?
A: Business interests, whether a sole proprietorship, an LLC, a corporation, or a different type, are quickly and easily transferred into a trust by signing and notarizing a legal document titled "Assignment of Business Interest". We prepare these "Assignments"...
Q: Is it ever possible for someone without a trust to own real estate in California and AVOID probate given the high values of real estate?
A: Yes, it is! I recently got a call from someone whose mother died in 1974 and their small house in South Napa was probated way back then. It turns out the mother had 5 daughters who inherited the home. Therefore, each daughter inherited a 20% interest in the house....
Q: If I only want 2 of my 3 children to inherit my home, would it be advisable to use a revocable transfer on death deed?
A: We would only recommend the use of the revocable transfer on death (TOD Deed) if you would like to leave your house in equal shares to all of your children, and none of your children have any spendthrift issues and/or special needs considerations (remember, title...
Q: I only want one of my three children to inherit my house when I die. What do I need to do?
A: At a minimum, you would need to do SOME type of estate planning or else your estate would be distributed according to intestacy laws, namely, your three children would all inherit equally. Moreover, a trust (versus a simple will) would be essential in order to...
Q: My late father owned a duplex as a joint tenant with his sister when he died. We also found his will, which stated he left all of his assets to me and my sister. Who will end up owning the duplex?
A: Unfortunately, your aunt now owns that duplex. By operation of law, when your father died, the surviving joint tenant automatically owned the entire duplex, which meant that the will had no legal effect over the disposition of your father's interest in the duplex....