A: If you want to report elder abuse or dependent adult abuse, you contact your local county APS (Adult Protective Services) Office. For most types of abuse, County APS programs have 10 days to respond to your report. Abuse reports may also be made to your local law...
Estate Planning And Business Law In Napa Valley And Beyond
Q: Is my home subject to Prop 13 and, if so, how does Prop 13 work?
A: Yes, all properties in California are subject to Prop 13! Prop 13 provides 3 very important functions in property tax assessments in California: 1. All real property must have an established base year value 2. All real property has a restricted rate of increase on...
Q: I’m concerned about a family member of mine contesting my trust after I pass; what are some of the most common grounds for a trust to be contested?
A: There are several reasons a trust may be attacked or challenged as invalid, including: 1: Mental Incompetence: The grantor lacked the requisite mental capacity 2: Undue Influence: External pressure affected the grantor’s decisions 3: Forgery: The trust document is...
Q: My grandfather promised me several times before he died that he would leave his house to me. He recently died and left a will naming my aunt as the beneficiary of his house. Is there anything I can do?
A: Possibly. If you have a claim to an estate or inheritance that is based on a promise or an agreement, then you can file a claim under Civil Procedure Code Section 366.3. However, be aware that the claim must be filed no later than ONE year from your grandfather's...
Q: Can my stepparent be considered my parent to qualify for the parent/child exclusion from reassessment?
A: Yes, if certain conditions are met. Specifically, if your stepparent survived your parent, and then died without ever remarrying, that stepparent could leave you his or her primary residence and the County Assessor will in fact consider that stepparent your...
Q: Once we sign our trust, do we need to do anything at the bank to change the title to our various accounts?
A: Yes! Although the attorney will typically transfer business interests and real estate into your trust for you, you will almost always need to personally coordinate with your financial institutions to transfer your accounts into your trust, even AFTER you sign all...
Q: What happens if I die without a will or trust in California?
A: If you die without a will or trust in California, your estate will be distributed according to California's intestacy laws. This typically means that your assets will be divided among your closest relatives, such as your spouse, children, or parents, depending on...
Q: My husband and I want to create a trust, but we aren’t sure if we want more kids. If we create a trust, will we have to change it if we have more children?
A: No, your trust can be created to include any children you have now and any children that you may have in the future. Amending your trust in the future is an option if you want to change any of its provisions, but you can rest assured that it can be created...
Q: Is a valid will enough for my kids to avoid probate?
A: Although every living person should have a will, by itself it unfortunately does absolutely nothing to help keep your kids out of probate. Having said that, just because you only have a will does not automatically mean your estate will be subject to probate. For...
Q: What is a nomination of guardian?
A: A nomination of guardian is a document that allows you to nominate someone you trust to care for your minor children as their legal guardian if you pass while they are under the age of 18. If you do not nominate a guardian and one is needed, the court will appoint...