California estate planning at it’s simplest is about planning for you and your spouse.  However, in many cases, the bigger benefit in estate planning is how you can leave things for your children, grandchildren and other subsequent generations with advantages you can’t set up for yourselves. You want to avoid estate taxes, avoid capital gains […]

I have blogged several times before about the California Heggstad petition. It’s a way to get an asset into a trust after death without going through a full probate. However, I had to think about it how many different ways I have seen people ask about this petition? The official case, that generated the “law” […]

I have written before about Heggstad petitions.  In particular you can see my formal article, with case background information, on my website at https://californiaprobate.info/probate/petition-related-to-trusts As stated there a Heggstad petition is a way to get property (real and personal) into your California trust AFTER death.  It can be used for almost any assets: bank accounts, stock […]

Ok you have set up your California revocable “living” or “loving” trust. It’s to make sure all your assets have been transferred to your trust properly.  Last week we talked about your real estate including time shares. Now let’s talk about your bank and other financial accounts. Yes, you should transfer all your bank accounts […]

On TV an attorney just picks up the file and heads to the Courthouse right? They usually have no other cases so it makes it very easy to focus on that one case, with one opposing attorney, the one Judge, the one court room at the one courthouse.  In real life attorneys have a lot […]

When Michael Jackson died I posted the following: “Michael Jackson has been dead less than 24 hours and there are dozens of articles on the internet about this already.  He is in debt $400 million or $500 million or who knows how much….  However, he has assets… worth $500 million or $1 billion… or really […]

Currently you can pass up to $100,000 after death without going through probate. California Probate Code 13100 provides the backbone of that. It’s pasted below. I have heard the California legislature is changing that to $150,000 effective January 1, 2012. Let’s see…. California Probate Code Section 13100 Excluding the property described in Section 13050, if […]

Everybody knows about legalzoom.com and other legal document drafting companies.  They create wills, powers of attorney, living wills and even trusts.  They may actually work out fine for you and your loved ones… we will find out after you die. Another similar option is the California statutory will. It’s something not a lot of people know […]

Another option if the California statutory will is too complicated is simply doing a holographic, or handwritten, will. The relevant California probate code section is pasted below. A handwritten will is completely valid. It just needs to be in your own handwriting, signed and dated. No witnesses required. Obviously, this is only for very simple […]

My last couple of posts have been about some simple options you can use if don’t have time to hire a California estate planning attorney to properly write your will. They are fine options but, as stated, you won’t know until after death if they worked out ok. Definitely having a specialist do your will […]