If you are reading this you are either in the hospital or you have a loved one in the hospital. I am sorry for your situation.  We do make hospital visits to help people set up or improve their estate plans.  However, please note it is imperative that the person is not heavily medicated and […]

Trust administration is often ignored after death. The thought is that a trust avoids probate and therefore no work is needed.  This is simply not true in most cases. Here are ten crucial steps in the California trust administration process. While not mandatory in every case they should be discussed with your attorney in every […]

This from Leimberg.com, which is a great financial and estate planning resource, the latest AFR rates: For a complete history of AFRs and 7520 Rates and for information on NumberCruncher Estate and Financial Planning Software, go to https://www.leimberg.com

California is a community property state, a distinction that may have significant estate planning consequences for couples who live here. When dealing with specifics assets, the first thing that must be determined is the classification of the property, whether it is community or separate. According to California Family Code § 760, community property is everything […]

Generally speaking one of the main reasons people get trusts is to REDUCE ATTORNEY FEES AFTER DEATH.  Yes, there are other benefits to a trust but this is one of the main reasons.  People want to avoid probate.  Sure probate takes 7 months minimum but beyond that it is costly… and most of that cost […]

2018 UPDATE: Back in 2012 I was brought in to consult on a Nevada trust litigation case. It was a hotly contested case where one side was attempting to use the California Heggstad law to move NEVADA real estate.  As an expert on the California Heggstad laws I was brought in to advise. In fact, […]

With a little careful planning, you may be able to avoid the probate question, or probate “problem,” all together. Avoiding probate saves money and greatly reduces the strain placed on your family by time in court. A meeting with an estate-planning attorney can help you figure out how to structure your estate so that probate […]

I was reminded again yesterday that Legal Zoom (legalzoom.com) is not right for everybody.  In my opinion Legal Zoom is great for VERY simple situations. If you want a simple will or simple power of attorney it may be fine to use Legal Zoom for your document creation. They can create simple forms and probably […]

California Probate Basics The first question most people have about probate is: “What is probate?” Probate is the fancy name for the legal maneuver used to conclude a person’s estate after death. Probate proceedings in California are within the jurisdiction of the Superior Court in the county of the deceased’s residence. The next question many […]

I met with a new client today whose husband died recently. She said she went to a local attorney, who was very nice, and told her she would have to do a full probate to get the house out of her husband’s name and into her name.  The grieving widow, luckily, decided to do a […]