Disclaimer

Some pages on this website may reference laws or legal interpretations that are no longer current.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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California Asset Protection

Let me start by saying there is no magic trust. As I often tell clients if there was a magic creditor protection trust we could all get one, stop paying for car insurance, and leave reckless lives. Not saying we all would but a lot of people would. Though there is no magic trust there […]

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California Probate and Trust Administration

Each July I get the opportunity to guest lecture at the income tax class taught by Folsom, CPA, Daniel Staszak. My notes from this year’s presentation are below for your review. July 14, 2011   Dan Staszak’s CFP – INCOME TAX class    60 Minutes – Probate/Trust Admin   I. Introduction A. JBP – 17th year – Cert […]

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Spousal Rights in California Probate

As I went through my outline from my 2008 presentation, for NBI, on California probate law I realized I had pretty extensive materials on surviving spousal rights. I hope you find it interesting reading my outline!  I find any topic that I present to a room full of attorneys, like this one, is always a […]

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California Probate Code

I have told you before that all answers are in the probate code, right!?  Most probate cases allow for simple sales of real estate that do not require Court confirmation before the sale. However, in some cases Court confirmation is required before the sale. What do you do then?  Well, I have a case right […]

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Insolvent Probate Estates in California

These posts I am making from a past probate seminar I gave for NBI have generated a lot of interest. That’s great. I have a hunch this will generate the most. There are a lot of insolvent (BANKRUPT) probate estates in California. In many of these cases we can still put dollars in your pocket […]

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Timeshares and Your Estate Plan

A lot of people come home from a vacation with a souvenir they did not intend to ever buy… a shiny new TIMESHARE or ”vacation club” or even a fancy “fractional ownership!”   It seemed like a great idea after a couple of Mai Tais I am sure!  One of the sales benefits often gushed by the […]

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California Property Taxes

Everybody talks about estate taxes, gift taxes, and income taxes in estate planning but it’s important to realize there are other taxes that can sneak up on you.  Most people instantly think of the above mentioned taxes when doing their estate planning in California.  However, an even bigger problem in California estate planning is property taxes.  It’s important […]

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California Living Trusts

I meet with clients almost daily where we discuss the benefits of employing a revocable (or “living”) trust to help plan their estate.  The living trust becomes the centerpiece of basic estate planning for most people both due to the benefits it provides but also due to the horror stories it can help avoid.  With […]

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Disclaimers in California Probates

Disclaimers are an incredible tool to be used in California estate planning, trust and probate law. Typically they are used after death in probate and trust administration settings. In some cases people call it “after death estate planning.” In any event it is a very powerful tool that not enough California attorneys know about. Below are […]

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California Probate Cash Flow

More information from my 2008 presentation on probate in California is pasted below. This section is on managing the estate cash responsibily.  Failure to do so can make you personally liable so be careful! For more information contact me directly or visit our website at www.californiaprobate.info Managing the Estate Cash Responsibly As stated in the […]

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