Creating a will that details your final wishes requires that you consider all of your heirs and loved ones. And while this process can be an emotional one, it can become even more difficult for those with large, blended families. To help you better prepare to get your...
Estate Planning And Business Law In Napa Valley And Beyond
Q: If my daughter is added to the deed to my house only for purposes of refinancing, will my goal of all of my children inheriting my house equally still be possible?
A: Not necessarily! Depending upon how the new deed is drafted, your daughter may legally own the ENTIRE home upon your passing and she may not be required to share with her siblings! Make sure to speak with a qualified estate attorney if you are in the process of...
Q: I am the successor trustee of a trust. Do I really need to hire an attorney to represent me as trustee?
A: You should strongly consider hiring an experienced trusts and estates attorney. Whether you are the acting successor trustee during the lifetime of the person who created the trust or after he or she has passed, you have a number of fiduciary duties to fulfill and...
Q: If I transfer my house into a living trust, will my property taxes get reassessed?
A: Not at all! California law unequivocally states that if a couple or single person transfers their residence (or any real property for that matter) into a revocable trust that they created, the property taxes will not be reassessed. In fact, the only document that...
Q: Will I need to file a separate tax return if I create a living trust?
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...
The potential benefits of a living trust
If you own property in California, it may be a good idea to add a living trust to your estate plan. This is because you can hold the property outside of your estate, which means that it likely won't be subject to probate. Furthermore, if you become incapacitated,...
Q: Why not just prepare a will or trust on LegalZoom?
A: There may be times in life when it is appropriate to go with the cheapest option, and estate planning should not be one of them. Most of our clients tell us that one of the things they value the most is the peace of mind in knowing that their documents have all...
Q: Why is it so critical to create a trust if I have minor children?!
A: Under the California Probate Code, if a minor inherits more than $5,000, then a formal court custodianship must be opened and administered by the Court until the child turns 18, at which time any remaining funds would be delivered outright (with no restrictions) to...
Q: What does a basket have to do with a living trust?
A: A basket is actually a great way to conceptualize the way a living trust works! Think of a living trust as a basket with a set of instructions on the inside. This set of instructions declares what is to happen with all of the assets inside the basket upon the death...
Q: What happens if one of the beneficiaries in my trust dies before I do?
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...




