Estate Planning And Business Law In Napa Valley And Beyond

Q: My husband and I completed our trust 10 years ago when we only owned our primary residence. In the next 6-12 months we are planning on making an offer on a rental property. Will we need to make any changes or updates to the trust once we complete that purchase?

A: Yes and no. First, let’s clarify the difference between a trust amendment and trust funding. An amendment is when you actually change the terms of the trust itself; this may be removing a particular successor trustee, or adding a new beneficiary, for example....

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Q: If my spouse and I purchased our home in 1976 and are on title as joint tenants, what can we do to reduce the taxes the survivor would have to pay if they ever decided to sell the property after one of us passed away?

A: You and your spouse should not only create a trust, but should also sign a Community Property Agreement. In California, which is a community property state, confirming their assets as community property could save the surviving spouse as much as six figures in...

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Q: My spouse and I want to create a trust, but we aren’t sure if our family is complete yet. If we create a trust now, will we need to change it if we have more children in the future?

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...

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I have heard that creating an estate plan that includes a trust will save my family money by avoiding probate, but are there other advantages of putting together an estate plan?

In addition to the significant cost savings of avoiding probate, a thoughtful estate plan also allows you to do all of the following: - protect and provide for the care of your children or other loved ones - provide for management of your own finances and care if you...

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