The probate referee is a state appointed official whose job it is to appraise most assets in a probate estate. In fact, it is mandatory that they appraise most assets in a full probate estate.  A probate referee is a state appointed official who is appointed to serve the state by the California State Controller. […]

I met with a client last week who really wants to name me as their trustee when they can no longer function in that capacity (beit by death or incapacity). This is not work we actively seek out but we are generally happy to help clients who desire this. I have gone over so many […]

It’s November 11, 2011 so I just want to say thank you to all who have served in our military. If you want to talk about VA benefits for nursing homes and other survivor benefits contact me.  Again, THANK YOU!  -John

We have been dealing with a dying family member in my family recently.  Dealing with death every day I know the importance of organizing your affairs. However, seeing it up close reminds me of so many things you can do, before dying, to help your family. Here are a list of things. Thankfully in our […]

A lot of times when I go through a trust client’s ask “why is that there?”  Of course these documents are based on forms and some of the form is “boilerplate” and the same for most clients.  Our forms have been tweaked over 30 years of development to have what we think our the crucial […]

I am often contacted by people going through a divorce. They want to change their will and change it fast so that the evil-x (or soon to be ex) gets nothing… and I mean NOTHING! Often they have already filed or been served with the summons. They may have read it to find that they […]

What is a trust? Is it an entity like a corporation?  Is it a contract or agreement?  Is it a will?  What exactly is it?  I have heard a lot in the 17 years I have been preparing trusts. People do not know as they have heard a mix of information (much of it not accurate) […]

What is the GSTT or Generation Skipping Transfer Tax? It’s a confusing tax that your estate planning attorney better have explained to you.  Even an innocent gift to a grandchild can create this tax.  The tax is basically a double tax on gifts that try to “skip” a generation. There are ways to set it […]

What a hot topic right now!  Sure short sales or “upside down houses” or houses without equity are hot topics for a large number of people. However, when dealing with short sales after death there are different rules, different procedures and different outcomes. In fact, the probate code has special rules that can make a […]

The federal bankruptcy Court recently came out with a big ruling in the asset protection world. It’s called the “Mortensen case” or more officially known as: Battley v. Mortensen, Adv. D.Alaska, No. A09-90036-DMD, May 26, 2011 (Original Memorandum) and July 18, 2011 (Memorandum Denying Motion For Reconsideration). In this case Mr. Mortensen set up an […]