Trust And Estate Administration

Q: As an active service member, are there any special considerations I should take in doing my estate planning for my family and children?

Service members have life insurance through Servicemembers’ Group Life Insurance. If you have a living trust, name it as the beneficiary of the life insurance policy. If you have minor children but don’t have a trust, you should definitely create one and name it as...

Q: I think my mom’s will is inside her safety deposit box! Will the bank allow me to look inside to verify if it’s there?

A: Yes, as long as you are in possession of a key to the safety deposit box, Probate Code Section 331(a) requires the bank to give you access to do a “will search”. The bank will then log your identity as the requester, supervise you while you inventory contents, make...

Q: I only own one property here in Napa, and it still has a sizable mortgage on it. Do I still need a trust for my children to avoid probate upon my death?

    A: Yes, without a trust that property is destined for probate, and here’s why: The current law states that if the fair market value of the property is greater than $166,250 - and it’s hard to imagine a home in the Napa area that is worth less than...