I generally say a probate is not the worst thing in the world. However, when it comes to a multi-state probate it can be a real nightmare!  It can be something you, or more aptly put your loved ones, would want to avoid!  It’s easy to slip into a multi-state probate.  The most typical cases […]

My motto is “the sooner you start a probate the sooner you finish it.”  For most clients this is the appropriate course of action; get it started so you can get it DONE!  Most people don’t want to think about the death of a loved one any longer than they have to.  Thus the key becomes hiring […]

I am contacted frequently by people who need to clear title to a timeshare after death. Typically the timeshare is in mom and/or dad’s name but mom and dad are now deceased. The timeshares are often with Marriott, Wyndham, Starwood, and many other such timeshare companies. They are in often in places like San Diego, […]

A simple will, or last will and testament, can really be simple.  It can distribute your personal property, real property, name a guardian for your minor children, name an executor for your estate and mention your last wishes for cremation or burial.  Everybody who has anything should have a will at least! You are running […]

As I stated yesterday some advanced estate planning techniques are over-used in that they are overly complex for a lot of people.  In addition they cause recurring costs. There are two advanced estate planning tools that are under-utilized in my opinion.  The two are: 1) The Qualified Personal Residence Trust and 2) The Irrevocable Life […]

It is my opinion that some attorneys OVER plan for their clients.  Most people with assets need a revocable living trust. That is clear.  Along with the California revocable trust they should have all the basic documents like pour-over will, durable power of attorney, advanced health care directive (or “living will”), Hippa release, quitclaim deed (or […]

I am going to take two minutes and list every estate planning vehicle I have helped clients with since 1994: Revocable trusts (aka: living trusts or loving trusts); Wills (aka: pour over wills or simple wills); Testamentary trusts; Irrevocable life insurance trusts; Educational trusts; Qualified personal residence trusts (QPRT); Durable powers of attorney; Immediate powers […]

Simple trusts can become creditor protection trusts, in California, if your attorney knows what they are doing!  Does your trust provide creditor protection to your loved ones? I am a California lawyer who is a Certified Specialist in Estate Planning, Trust and Probate Law. I can help you!  -John

So often clients tell me that they found a safe deposit box key after their loved one has died, know which bank it’s for, their name is not on the safe deposit box and the bank told them they can’t get into it.  This is what I call teeing it up for the lawyer to […]

“Please don’t contact the other attorney because I do not want to contest the trust… I just want some information.” Some of you read that and laugh. Others don’t!  I know that a lot of you are not laughing because I get this, or similar, comments A LOT when talking about no-contest clauses in California […]