A: No, you will not inherit anything from your biological father's estate in this case. With very few exceptions, Probate Code Section 6451(a) states that an adoption severs the relationship of parent and child between an adopted person and their biological parent.
Estate Planning And Business Law In Napa Valley And Beyond
Q: I have been living with my girlfriend for 24 years, but we’ve never gotten officially married. Will my assets automatically pass to her upon my death?
A: Not necessarily! Any assets you own as joint tenants would automatically pass to her by right of survivorship. However, be aware that California, contrary to popular belief, does NOT recognize common law marriage. Therefore, if you want assets to go to your...
Q: How is having a living trust like using GPS on your phone to drive somewhere you’ve never been to?
A: A living trust is like your personal GPS for the afterlife. First, it makes sure your assets get to the proper destination! Second, it ensures your assets have a smooth road to travel without hitting those pesky probate traffic jams; indeed, instead of waiting in...
Q: Should I create a special needs trust for my child who is receiving government benefits?
A: You may very well need to! Special Needs Trusts are usualy designed to supplement, but not supplant, the means-based government assistance and benefits that your loved one is receiving! The language of the SNT establishes that the trust funds are to be used only...
Q: Do I still need an Estate Planning Attorney if I only have one child and everyone knows everything gets left to them?
A: Although not technically required, it is still a very smart idea! Utilizing an Estate Planning Attorney will ensure that the maximum amount possible of your estate ends up in the hands of your child. Trusts ensure there are no unnecessary contests, streamline the...
Q: Once I have a trust, do I have to re-title all of my cars into the Trust?
A: Fortunately, if the cars are registered with the California DMV, you will not have to do anything to change or update the pink slips. Specifically, this little perk is brought to us by Probate Code Section 13050(b)(1), which excludes any such cars from a decedent's...
Q: Can I just create a Trust on my own?
A: You sure can, but it's not advisable! The worst part of a DIY trust is that by the time problems start sprouting up, there is nothing that can be done to fix them (because they typically aren't discovered until AFTER you're gone). Creating a Trust own your own may...
Q: If I don’t have “significant” assets, why would I need a Trust?
A: If you own a home in California and/or have minor children, creating a Trust is a wise investment. Homes in California are often over the $184,500 threshold amount that is subject to probate. Additionally, providing nominations of guardians of minor children allows...
Q: What does trust funding mean?
A: Trust funding is the process of transferring assets into a trust. After creating a trust, the next step is to 'fund' the trust with assets. This could involve moving money into a bank or investment account held in the trust's name and transferring titles of...
Q: What happens if I get divorced and I didn’t have time to update my estate plan? Will my ex-spouse still inherit if I die?
A: Fortunately, that is not the case! California recognizes revocation by operation of law. If a testator gets divorced after the will is created, California law automatically revokes any gifts that the were made to the former spouse, unless the will explicitly states...