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LATEST ARTICLE: Why you need an attorney for a living trust  

Helpful articles for California in the following categories, click on a category to see articles to choose from:

Power of Attorney and Other Legal Forms
Age, Illness, and Special Needs Related Planning
Retirement and California Living
Living Trusts Information
Inheritances, Wills, Trustees, Beneficiaries
California Probate
General Estate Planning


Power of Attorney and Other Legal Forms

  • Update your beneficiary forms now  
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    According to financial experts, failure to update beneficiary forms is one of the most common and costly retirement and estate planning errors…
  • What you don’t know about Power of Attorney laws  
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    A Power of Attorney is a legal document that allows another person of your choosing to act on your behalf. There are two types of POAs – a regular POA and a Durable POA.
  • How do living trusts and pour-over wills relate  
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    A pour-over will is necessary if you’ve created a living trust as part of your estate plan. It acts as a safety net, capturing any assets and property that haven’t been transferred to the trust during your lifetime and ensuring that they are placed into the trust after your death….
  • How to get power of attorney for elderly parents  
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    At some point, there’s a chance that you’re going to have to step into a decision-making role for your parents when they’re no longer capable of making their own decisions concerning financial and legal matters or about health care….
  • How to handle sudden death of a parent  
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    The death of a parent is very hard, but, if that death is unexpected, it will be even more difficult emotionally and physically.
  • Is a DNR right for you?  
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    Just as important as making your wishes known regarding the disposition of your estate after death is planning for your end-of-life care. Advanced directives are legal documents that inform your family as well as your doctor about the type of medical care you want if you’re not longer able to so yourself. . .
  • What is a Durable Power of Attorney  
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    A durable power of attorney lets you name someone to make decisions regarding your financial affairs and healthcare should you become incapacitated. . ..

Age, Illness, and Special Needs Related Planning

  • Financial planning with serious health issues  
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    Many people that find themselves facing a serious health issue such as cancer are unprepared for the financial toll that it can take on their finances..
  • Emergency estate planning for Coronavirus patients  
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    While it’s hard to predict the long term effects of the coronavirus in the U.S., you should take all necessary steps to make sure that the appropriate legal documents are in place and up to date to protect your family and property..
  • Estate planning documents needed for people with Alzheimer’s  
    Details
    When a loved one is diagnosed with Alzheimer’s, it can be distressing and difficult to think about the future. We are here to help you understand and execute the financial and medical planning documents you need….
  • Estate planning documents for Parkinson’s patients  
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    Estate planning is also planning for a long life and assuring provisions and proper care are met….
  • Estate planning for an aging population  
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    Americans are living longer which means that they’re going to need much more financial support as they age. Estate plans need to be tailored to fit the increasing financial demands of a population that’s living longer ….
  • You may need incapacity planning. Here’s why  
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    Incapacity planning should be included in any comprehensive estate planning. While your chances of becoming incapacitated do increase with age, you could become incapacitated at any age due to illness or an accident….
  • How to deal with the cost of dementia caretaking  
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    Caring for a person with dementia is not only emotionally and physically demanding, but it can take a heavy toll, financially, as well. And, many families aren’t prepared to shoulder that burden….
  • Considerations when developing an estate plan for families with Special Needs  
    Details
    If you’re a parent of a special needs individual, establishing an estate plan that ensures that your child will continue to receive the best possible care when you’re no longer able to provide that care can be challenging….
  • Is a DNR right for you?  
    Details
    Just as important as making your wishes known regarding the disposition of your estate after death is planning for your end-of-life care. Advanced directives are legal documents that inform your family as well as your doctor about the type of medical care you want if you’re not longer able to so yourself. . ..
  • Can somebody be too old to get a will?  
    Details
    Many people discover too late that their elderly family member has not prepared a will. The question then becomes can they still legally do so….
  • Legal considerations of living together after 50 for unmarried couples  
    Details
    With so many couples 50 and older living together these days, it’s important for these couples to execute important estate planning documents while they’re healthy and of sound mind….
  • How old should you be when you get a will  
    Details
    Having a will is family protection — saving your loved ones from having to make very difficult decisions concerning end-of-life care and asset distribution . . ..

California Probate

  • Transferring real estate after death without a will  
    Details
    Setting up a transfer on death (TOD) deed is one of the easiest ways to arrange for the transfer of real estate after death . . .
  • San Diego Probate Court Status (open or closed)  
    Details
    The San Diego Probate Court is scheduled to reopen on Tuesday, May 26. However, a second wave of COVID-19 could force another closure..
  • You need a probate attorney, and you need one fast  
    Details
    Handling the estate of a family member or close friend after they’ve died is often stressful and emotionally draining. The probate process just adds more stress to this difficult time….
  • Selling a home in the San Diego Probate System  
    Details
    There are time when a family has to go through the probate process when selling the house of a family member or close relative that has died without a will or trust or hasn’t designated any beneficiaries to inherit his or her assets. In San Diego, the San Diego probate court outlines the process….
  • Why navigating probate alone is nearly impossible  
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    If you’ve lost a family member or loved one, it’s a very difficult time. You’re dealing with your grief and the stress of the funeral and all that goes with it. But, after the funeral, comes probate which is the process of handling the deceased’s estate. Navigating probate alone can be confusing and overwhelming…
  • Probate court nightmare stories  
    Details
    Most people would like to avoid the hassle and stress of having to go through probate. There are a lot of probate court nightmare stories that support this position and for good reason….
  • How long does the probate process take  
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    The timeline for the process can vary from state to state and depend on a number of variables such as the size of the estate or any unexpected problems that may arise….
  • Can you avoid probate if there isn’t a will  
    Details
    If you should die without making a will in the state of California, your assets will go to your closest relatives under the laws of intestate succession . . ..

Inheritances, Wills, Trustees, Beneficiaries

Retirement and California Living

  • The benefits of retiring after 65  
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    People are living longer and 65 is no longer considered the cutoff age for retirement. Many people are choosing to retire after 65 or not at all…
  • Reasons to retire in San Diego  
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    If you’re thinking about relocating after you retire, consider San Diego. Besides the near-perfect climate, San Diego has so much more to offer, including a wide variety to retirement communities …
  • Signs that you won’t run out of money in retirement  
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    You shouldn’t be losing sleep worrying if you’re going to outlive your retirement savings. Having a retirement income plan in place will significantly reduce the risk of this occurring…
  • Intestate Succession Order in California  
    Details
    If you die without a will you die “intestate”. Here is what that means in California…
  • How much does it cost to die in California?  
    Details
    The average cost of a funeral has increased by nearly 40% over that past decade, making funerals one of the most expensive purchases made by consumers. But, the cost of dying is about more than just funeral costs…
  • Fun group activities for seniors  
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    The many senior centers in the San Diego area offer the best in group activities for senior citizens to help keep the mind, body, and spirit active and engaged . .
  • Retirement communities in San Diego  
    Details
    North San Diego County is home to many active adult communities that offer variety of amenities for retirees . . .
  • Live longer in San Diego  
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    The San Diego Metro Area is one of the nation’s top-ranked areas for long life expectancy with a life expectancy of 80.7 years vs. the national life expectancy average of 78 years . . .
  • Who will dispose of your remains  
    Details
    When a person does not leave written instructions as to disposition of remains, California law (Health and Safety Code. Sec. 7100) sets out the order of decision-makers . . .
  • This is the year that you get a living trust  
    Details
    2019 is just around the corner, so we’re all going to start thinking about our New Year’s resolutions. A living trust ensures that your estate will be distributed according to your instructions, protects your family from having to go through probate…

Living Trusts Information

  • Why you need an attorney for a living trust  
    Details
    There are a variety of DIY estate planning documents online, in books, and generated by software. But, do you want to take a chance on a one-size-fit-all solution when planning for your estate?
  • Updating your living trust in 2021  
    Details
    If you’ve had any significant changes in your life during 2020, make plans to review your living trust to determine whether you need to amend or revoke your trust to reflect those changes.
  • Helping mom and dad set up a living trust  
    Details
    Setting up a living trust for your parents ensures that their finances are protected and managed propetly after their death.
  • When to update a living trust  
    Details
    The general recommendation for updating a living trust is every three to five years, but it should also be updated if you’ve had a major life-changing event, such as a marriage or divorce.
  • Living trust maintenance tips  
    Details
    Living trusts have become increasingly popular when people are preparing their estate plans because of the benefits that they offer. However, they must be properly maintained to avoid problems in the future.
  • Searching for your family’s living trust documents?  
    Details
    People who have lost parents to COVID-19 are not only dealing with the shock and grief from their loss, but they may have to settle the estate of one or both parents. It’s a problem if they don’t know the location of estate planning documents.
  • How to add assets to your living trust  
    Details
    If you’re creating a revocable living trust, the process involved in adding assets to it is dependent upon the type of assets that you’re transferring into the trust.
  • Living trust free consultations  
    Details
    If you’re considering setting up a living trust as part of your estate plan, schedule an appointment for a free consultation with one of our attorneys to discuss the benefits of living trusts.
  • Where to store living trust documents  
    Details
    When deciding where to store your living trust and other estate planning documents, the goal should be to store them in a secure, yet accessible place.
  • What can’t you put in a living trust  
    Details
    While many of your assets can be used to fund the trust, there are some which you should not use to fund it. But then what happens to assets not in the trust?
  • Living trust documentation preparation  
    Details
    If you’ve decided to create a living trust as part of your estate plan, you’ll need to spend some time gathering information for document preparation…
  • What to do if you can’t find the original living trust documents  
    Details
    The grantors of a trust often serve as the original trustees, and, therefore, keep possession of their original documents. So, what happens if the trust can’t be found after they’ve died?
  • Who gets to see the living trust  
    Details
    When a family member dies, settling their estate can present some challenges for their survivors. If the decedent had a living trust who gets to see it?.
  • How do living trusts and pour-over wills relate  
    Details
    A pour-over will is necessary if you’ve created a living trust as part of your estate plan. It acts as a safety net, capturing any assets and property that haven’t been transferred to the trust during your lifetime and ensuring that they are placed into the trust after your death….
  • How you can terminate a trust in California  
    Details
    Once the duties of the trustee are completed, a trust can be terminated. In California, you need to pay close attention to probate laws, trust laws, and tax liability…
  • Are there cheaper alternatives to living trusts  
    Details
    While there are cheaper alternatives to living trusts, it’s important to review the possible options with respect to the costs and their benefits vs setting up a living trust…
  • Want to learn more about living trusts  
    Details
    Attending seminars about living trusts can be a good option for individuals who are looking for solid, reliable information….
  • What property should go in a living trust  
    Details
    A living trust is an estate planning option in which your assets are put into a trust for your benefit throughout your lifetime. While the majority of your assets can be placed in your living trust, there are certain assets that you may not want to place in a trust…
  • The most common living trust mistakes  
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    Living trusts provide you with many benefits when compared to traditional wills. In addition to avoiding the time and cost of probate, they allow you to have all of your assets covered in a single document and to name your own successor trustee. But, there are some common mistakes that can end up preventing a trust from working in the way that it was intended…
  • Can any type of attorney create a living trust?  
    Details
    An estate planning attorney provides advice and guidance when it comes to choosing the right estate planning option for maintaining your estate after your death or if you should become incapacitated. . .
  • Living trusts for single individuals  
    Details
    If you’re widowed, divorced, or unmarried, setting up a living trust can help to reduce the anxiety and stress of not knowing what’s going to happen to your assets when you die. . .
  • The cons of qualified personal residence trusts  
    Details
    A Qualified Personal Residence Trust (QPRT) allows you to remove your residence from your taxable estate while giving you the right to use it for the retained income period of the trust. However, there are several negative aspects to this type of trust .
  • Common problems with living trusts  
    Details
    While it’s important to establish a living trust, you can run into complications and problems that can interfere with or even invalidate the transfer of your assets . . .

General Estate Planning

  • Ways that estate plans fail  
    Details
    Estate plan failures are, for the most part, not caused by problems with the language in the plan or tax strategies. Most often, they’re the result of lack of follow through on the part of the client or trust mismanagement.
  • Questions to ask your parents before they pass  
    Details
    Talking to your parents about their mortality and the estate planning that needs to be done before they die is one of hardest discussions you’ll need to have with your parents.
  • Tips on estate planning for your second marriage  
    Details
    If you’re getting remarried, you’re bound to face some challenges when it comes to estate planning for you and your new spouse as well as any children from previous marriages….
  • 3 myths about estate planning  
    Details
    Three of the top reasons people give for not having an estate plan, and our responses to those common myths…
  • Considerations when developing an estate plan for families with Special Needs  
    Details
    If you’re a parent of a special needs individual, establishing an estate plan that ensures that your child will continue to receive the best possible care when you’re no longer able to provide that care can be challenging….
  • How to talk to your family about estate planning  
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    Estate planning should include instructions on how, when, and to whom you want you assets to be distributed after your death. And instructions for your care should you become disabled or incapacitated, and naming a guardian for minor children or family members with special needs…
  • What happens if you can’t get in touch with your estate planning attorney  
    Details
    Under the American Bar Association Code of Professional Responsibility, a lawyer has a professional responsibility to provide for some type of transition upon his or her retirement or in cases of death, disability, or disbarment. However, especially when it comes to small or solo firms, this is not always the case…
  • 3 easy strategies you can use to keep your money in the family  
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    Developing strategies for preserving your wealth and keeping it in your family after death should be part of any successful estate planning that you’re considering. . .
  • How long will your estate last?  
    Details
    Lack of communication seems to be the major problem that wealthy families have in preparing succeeding generations on how to handle inheriting significant wealth. . .
  • High net worth estate planning  
    Details
    The estate planning process for high net worth individuals involves managing wealth and asset protection in order to transfer wealth to future generations . . .
  • Figuring out which estate planning option is best for you  
    Details
    Everyone over the age of 18 should have established some type of estate plan. Which plan is the best for you individual needs depends upon a number of factors . . .

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.