A: You should also specify in the trust document who the contingent beneficiaries of your assets will be! If you don’t specify the contingent beneficiary, the Probate Code will decide who receives the deceased beneficiary’s inheritance - the default rule is known as...
Trust And Estate Administration
Q: What happens to those “Dateline” and “48 Hours” couples we see on TV? What exactly is the Slayer Rule?
A: Section 254 of the Probate Code states that any person who feloniously and intentionally kills someone is not entitled to benefit monetarily in any way from the death they intentionally caused. The most famous example of this in California was the matter of Scott...
Q: Can the State take away my home after I die since I am receiving Medi-Cal?
A: Not if you have the home in a living trust! While your home can be subject to a Medi-Cal recovery claim after your death, as of 2017, Medi-Cal can only go after assets in your name upon your death; the trick here is that if you create a living trust and transfer...
Q: I read that 18 states have adopted the Uniform Probate Code, which significantly streamlines the probate process. Is California one of those states?
A: Spoiler alert: No, California probates are still excruciatingly expensive and long court procedures, which is why probate avoidance through a living trust is such a valuable planning tool in California. Feel free to reach out to us ([nap_phone...
Q: My father died without a trust; all he owned was a huge pot of gold that he brought here all the way from Ireland. What will happen to the pot of gold I just inherited?
A: This question came in from an anonymous follower! Unfortunately, since his father never had a trust prepared, and because the gold is worth more than $166,250, the family gold will have to be probated. In order to pay all of the court, administrative, and...
Q: What is a Notice of Proposed Action?
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)...
Q: My mom, who is divorced, didn’t name any beneficiaries on the only bank account she owned when she died. Can my siblings collect the money without probate?
A: The answer depends on how much money was in the account! If the amount is under $166,250, then yes, you can most likely submit to the bank what we call a “Small Estate Affidavit” to collect the proceeds. Remember, if there is a will that states who the account...
Q: If I set up a living trust, will I still be able to control my financial assets and decisions during my lifetime?
A: We have heard a number of our clients voice this concern over the years, and the short answer is yes, you will have 100% absolute control over all of your decisions, all of your finances, and all of your assets with a revocable trust! A revocable trust means that...
Q: What are “contingent beneficiaries” and do I need to include them in my will or trust?
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 planning,...
Q: My mom just signed her house over to me. Wasn’t that the easiest and best way to avoid probate?
It may have been easy, but it is far from the best way! With respect to capital gains tax liability, when your mom gifted you her property, she unfortunately also gifted you her tax basis. This means, for example, that if your mom paid $50,000 for the property - and...