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Some pages on this website may reference laws or legal interpretations that are no longer current. Laws change, courts interpret them differently, and every case is unique. The information provided here is for general educational purposes only and is not a substitute for legal advice about your specific situation.
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John Palley to speak on estate planning

I have spoken to many groups in the last 18 years.  From small town gatherings in Davis, Dixon, Sacramento, Roseville and the list goes on. To large groups at Lyon, Rotary and SIRS (Seniors in Retirement). I have taught classes to attorneys, paralegals and financial planners on estate planning, probate and trust matters. I have […]

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Estate Planning Window Closing….

As the year progresses toward December 31st one of the biggest estate planning opportunities in modern history is getting set to expire.  The Bush era tax cuts, as modified in December 2010, created an unprecedented FIVE MILLION DOLLAR GIFT TAX EXEMPTION.  This exemption, now $5,120,000, is set to expire at year end. The estate tax can quickly […]

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Death, taxes and student loans….

I saw this article on Forbes.com and thought it must be about student loans. The article is entitledThere’s No Escape: Death, Taxes and Student Loans. My thought was the article was about how student loan payback can’t be avoided. I know, for example, generally speaking student loan debts are not discharged in bankruptcy. However, I […]

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Listing all assets in estate planning

Below I have posted a sample of the information we like to have when we do estate planning. Though we do not require the information it’s helpful to us. It’s helpful in different ways. Let’s discuss. First, the dollar amounts are certainly not required but knowing the approximate estate size helps determine what plan is […]

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Segregate your assets in estate planning

I met recently with a single mom who has a few bucks in the bank in savings and CDs, a growing 401k and also a couple of life insurance policies.  With a minor child her focus is on protecting the assets for her child of course.  In her case a living trust is not mandatory […]

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Using Bankruptcy in Probate

I spoke to a bankruptcy attorney recently who told me that a bankruptcy could be filed in a probate to stall the foreclosure sale of a home. I should clarify he was a bankruptcy and many other areas of law kind of guy; not a specialist.  I suggested he dig deeper as I had heard […]

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A wedding gift to your family is to update your estate plan

Many people get married, or often re-married, but are not interested in giving much of their estate to their new spouse. If you find yourself in that position you need to update your estate plan upon marriage. If you fail to update your estate plan upon marriage your new spouse will have an AUTOMATIC INTEREST […]

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Where to file a trust petition in California

In many cases it’s easy to determine where to file your trust petition. See California probate code sections 17000-17006 pasted below for ease of reference. In a probate case you file where the decedent lived at death. That is the county, in California, where they were last a resident. This can, in some cases, be […]

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No trustee named on trust… how to fix that….

There are many instances where a California trust ends up without a trustee in charge.  When I do estate planning I try to come up with a number of back-up choices and thus this doesn’t happen for clients when I do the estate plan. However, not everybody comes to me for their planning. Some only […]

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Just do it!

I had a great example today of why clients need to get their estate planning DONE; or as the Nike ads used to say… JUST DO IT! A client came to me several months ago to update her estate plan.  She advised me that she basically wanted to disinherit her daughter. I made the changes […]

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