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....
Estate Planning And Business Law In Napa Valley And Beyond
Q: Will my 2 children have to pay any estate taxes upon my demise?
A: Federal estate taxes are currently levied on all estates that exceed $12.92 million in value. Each state also has the right to charge its own estate tax at the state level. Fortunately, the State of California does not have an estate tax separate from the federal...
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...
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...
Q: How is estate planning like baseball?
A: You start by assembling your team of superstar players by choosing the best people to serve as your executor/trustee, power of attorney, healthcare agent, guardian of your children, etc. They'll work together to carry out the goal of scoring as many runs as...
Q: Why is it so important for an executor to hire an attorney when handling a probate?
A: Probate can be a daunting process, and it's important to have an experienced probate team to guide you through it. An attorney can help ensure all legal requirements are met, minimize potential disputes, reduce tax liabilities, and protect assets from potential...
Q: I have 2 kids and own 2 properties; should I just leave 1 property to each child?
A: Although you certainly can, you will want to be thoughtful before doing this because you could inadvertently disinherit one of your children if you decide to sell one of those properties during your life and then fail (or forget) to go back and update your estate...
How the Easter Bunny Protects his L-egg-acy
Why is estate planning so critical for the Easter Bunny? What would happen if, in the midst of our fluffy friend’s egg-citing adventures, he suddenly faced an unforeseen danger? Protecting the Chocolate Empire: The Easter Bunny has spent millennia building a global...
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...
Q: What are steps to take if I need to make changes to my trust or estate plan?
A: Here are 5 simple steps to update your estate plan: 1. Review your existing estate planning documents and make notes of the changes you want to make. 2. Create an updated inventory of your assets, how title is held, and who the beneficiaries are, if any. 3. Meet...