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LATEST ARTICLE: Living trust basics
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
- Power of Attorney mistakes DetailsA Power of Attorney is an essential component of a comprehensive estate plan because, if you should become incapacitated, it allows a trusted individual or agent to make financial decisions on your behalf. POA mistakes can be costly and result in significant stress to you and your family …
- Update your beneficiary forms now DetailsAccording 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 DetailsA 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 DetailsA 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 DetailsAt 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 DetailsThe 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? DetailsJust 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 DetailsA 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
- Your guide to Medicare options DetailsWhether you’re currently enrolled in Medicare or will turn 65 in 2021, understanding all of your Medicare options is important when planning for how much coverage you’ll need at each age ..
- Financial planning with serious health issues DetailsMany 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 DetailsWhile 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 DetailsWhen 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 DetailsEstate planning is also planning for a long life and assuring provisions and proper care are met….
- Estate planning for an aging population DetailsAmericans 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 DetailsIncapacity 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 DetailsCaring 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 DetailsIf 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? DetailsJust 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? DetailsMany 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 DetailsWith 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 DetailsHaving 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
- California court backlogged from COVID DetailsThe San Diego County court system, just like the courts in the rest of California and across the country, is experiencing delays leading to a backlog of cases due to COVID . . .
- Transferring real estate after death without a will DetailsSetting 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) DetailsThe 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 DetailsHandling 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 DetailsThere 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 DetailsIf 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 DetailsMost 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 DetailsThe 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 DetailsIf 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
- Trustee consulting services DetailsIf you agree to be the successor trustee for a loved one or friend, you’re responsible for the continued management of the trust should its creator become incapacitated or for settling the estate when he or she dies…
- Can you leave property to non-relatives? DetailsWhile there is no legal issue with leaving property to friends and other non-family members, you need to have some type of legal document in place that outlines your wishes to do so…
- 3 easy strategies you can use to keep money in your family DetailsDeveloping 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. . .
- This is the year that you get a living trust DetailsDescription.
- Should you have more than one will executor DetailsChoosing an executor for your estate is a personal decision. It may be advantageous to name more than one executor to share the workload and responsibilities associated with settling an estate…
- How a ‘minor’s trusts’ can help inheritance management DetailsIf you have assets that you would like to leave to a child or grandchild, you can create a minor’s trust. Designed to manage and protect those assets until the child in question reaches a specific age …
- What happens to assets not in your trust DetailsFailing to fund your trust with all of your assets can result in a costly probate process which means more court time and fees to come out of your estate…
- What happens to assets not in a trust when someone dies? DetailsAs time goes on, you may acquire additional assets that also need to placed in the trust. If you neglect to do this before your death…
- Who should you pick to be your trustee DetailsYou’ll more than likely name yourself as the trustee in order to be able to continue managing your financial affairs. But, you’ll also need to choose a successor trustee, someone who can step in and manage your affairs if you should become incapacitated or after your death…
- How to leave money for your kids after you pass DetailsWhile you don’t have to have millions of dollars in assets and property in your estate to be able to leave money to your children, you do need to have an estate plan in place to make sure that your assets and property are distributed as per your wishes upon your death…
- Who is responsible for inheritance when someone dies without a will? DetailsNext-of-kin relationships become important under the state of California’s laws of intestate succession when it comes to determining your “heir(s) at law” if you die without a will in place. . .
- What dying without a will or trust in California means for your family DetailsThe distribution of an intestate estate is very complicated and can be avoided by creating a will or living trust . . .
Retirement and California Living
- San Diego is for seniors DetailsMany seniors decide it’s time to relocate after retiring. San Diego has become a popular choice. With an average temperature of 70 degrees plus a wide variety of cultural and recreational events, does it come as any surprise!
- COVID vaccines are available for senior citizens in San Diego, CA DetailsSenior residents in San Diego 65+ are now eligible to get one of the three authorized COVID vaccines from their doctor, local pharmacies, and community clinics as well as other healthcare providers.
- Socially distant activities for San Diego seniors DetailsThe COVID-19 pandemic has made life very lonely and isolating for many, but especially for seniors who are at an increased risk for developing a serious illness if exposed to the virus.
- Why do we love San Diego DetailsGreat weather 365 days of the year, fabulous Pacific Coast Beaches, a diverse food scene, and some of the best craft breweries in the US…
- The benefits of retiring after 65 DetailsPeople 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 DetailsIf 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 DetailsYou 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 DetailsIf you die without a will you die “intestate”. Here is what that means in California…
- How much does it cost to die in California? DetailsThe 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 DetailsThe 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 DetailsNorth San Diego County is home to many active adult communities that offer variety of amenities for retirees . . .
- Live longer in San Diego DetailsThe 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 DetailsWhen 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 Details2019 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
- Living trust basics DetailsIf you’re considering including a living trust as part of your estate plan, you’ll want to first familiarize yourself with the basics of living trusts, including the advantages vs. disadvantages.
- Why does the bank need a copy of your living trust? DetailsWhen you create a living trust, you should be provided with a summary of the trust, either a Certificate of Trust or Memorandum of Trust, that proves you are the grantor and that has all other information needed by your bank to transfer your accounts into the trust.
- Living trust success stories DetailsToo many people procrastinate about creating an estate plan or never create one because of a misconception that estate planning is only for wealthy people. Not true! Creating an estate plan that includes a living trust allows you to keep control over your assets while you living and also have control over how they’re distributed after you’ve died.
- Reasons you don’t need a living trust DetailsWills and living trusts are two useful estate planning tools. The question that a lot of people have is whether they need a will or a living trust or both?
- Digital asset protection in a living trust DetailsAs a result of technology, more and more information is being stored in electronic form. These “digital assets” require updated estate planning solutions.
- When does it make sense to have a living trust? DetailsA comprehensive estate plan should consist of the following: will, Power of Attorney, medical directive, and, for many people, a living trust? When does it make sense to include a living trust in your estate plan?
- Surrendering an irrevocable living trust DetailsWhen an irrevocable trust is created, the settlor relinquishes ownership and control over any assets that are transferred into the trust, and, in theory, isn’t able to modify the terms of the trust after it’s been established. However, surrendering an irrevocable trust can be done under certain conditions.
- Questions to ask your living trust attorney DetailsThere are a variety of estate planning options available today, including living trusts. If you’re considering creating a living trust as a part of your estate plan, there are some important questions that you’ll want to ask your living trust attorney.
- The problem with DIY living trusts DetailsMany people decide to create a DIY living trust because it’s cheap and quick. But, DIY trusts aren’t designed for individuals with complicated financial and personal situations.
- 3 reasons to create a living trust during a pandemic DetailsThe public health crisis that has been created due to the COVID-19 pandemic has gotten a lot of people thinking about creating an estate plan or updating their current plan.
- Why you need an attorney for a living trust DetailsThere 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 DetailsIf 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 DetailsSetting 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 DetailsThe 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 DetailsLiving 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? DetailsPeople 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 DetailsIf 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.
- Where to store living trust documents DetailsWhen 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 DetailsWhile 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 DetailsIf 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 DetailsThe 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 DetailsWhen 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 DetailsA 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 DetailsOnce 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 DetailsWhile 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 DetailsAttending 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 DetailsA 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 DetailsLiving 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? DetailsAn 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 DetailsIf 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 DetailsA 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 DetailsWhile 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
- Estate planning after a spouse dies DetailsThe amount of paperwork following the death of a spouse is stressful. Being prepared beforehand, will help reduce time and stress. If no estate plan was created before your spouse’s death don’t panic and contact us.
- How to leave your house to your kids DetailsAre you considering leaving your home to your children? If so, you need to learn about the four options available to you to make this happen.
- Getting remarried with an estate plan can be complicated DetailsIf you’re planning on getting remarried, you need to carve out some time in your busy schedule to revisit your current estate plan. Getting remarried can have a significant impact on your financial plan and the management of your estate, especially is either of you have children.
- Estate planning for married couples DetailsOnce you’ve embarked on married life, estate planning becomes increasingly more important. It’s all about providing financial protection for your spouse and/or children if or when something happens to you.
- Estate planning with no family DetailsIf you have no immediate family members to whom you can leave your assets, do you still need to have an estate plan? Yes! Unless you want the state of California to claim them.
- Estate planning jokes DetailsHaving an estate plan in place ensures that your wishes will be carried out should you become incapacitated or upon your death. But, it’s not an easy topic to discuss. Breaking the ice with a little humor can make it easier to initiate the discussion.
- San Diego stay at home orders DetailsAs California experiences another surge in COVID cases and ICU’s become filled to capacity, the stay-at-home orders put into place by Governor Newsom have been extended until ICUs in the region return to 15% accommodation availability
- Why January is the best time to organize your estate planning paperwork DetailsMost financial advisors and estate planning attorneys recommend that you plan to organize your estate planning documents and take a complete inventory of all your assets and liabilities once a year.
- Ways that estate plans fail DetailsEstate 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 DetailsTalking 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 DetailsIf 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 DetailsThree 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 DetailsIf 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 DetailsEstate 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 DetailsUnder 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 DetailsDeveloping 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? DetailsLack 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 DetailsThe 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 DetailsEveryone 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.