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 […]

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

I was recently introduced to new clients who told me they had a “will-trust.”  I assumed they had both a will AND a trust because that is the norm for estate planning in California. That is, a “pour over will” and a revocable or “living” trust.  However, that is not what they had. As they […]

Work out more, eat less, and a whole host of other things are on our lists. However, what about GET MY ESTATE PLAN DONE THIS YEAR!?  Protect your family, save them money, avoid probate, and show them you care about them! Hire a California Certified Specialist in Estate Planning, Trust and Probate Law and get […]

Clients always ask which is right for them, a will or a trust.  In California the answer is generally BOTH! The centerpiece of an estate plan is one of three choices: 1) DO NOTHING – Use the state sponsored plan… if you dare!  The state plan generally distributes assets to next of kin and/or your […]

Everybody is different but I suspect a lot of people have new year’s resolutions that include things like the following: – Go to the gym 5 times a week; – Eat less junk food; – Wake up early; – Don’t buy a cup of coffee every morning; … and the list goes on and on. […]

A lot of people know what “living trusts” are. However, how many know what a “testamentary trust” is?  A testamentary trust is simply a trust that takes affect AFTER DEATH. Usually this is done by creating a will and within that will creating the trust language which will take affect after death and after probate. […]

I met with a nice couple yesterday who had a revocable living trust set up about 15 years ago by a well respected local estate planning attorney. I know the attorney and think she is perfectly capable at her job. No, she is not as good as me but… she’s perfectly acceptable.  I reviewed the […]

Whether you are a trustee or a beneficiary of a California trust it’s important to be familiar with the relevant rules laid out in the California Probate Code. In particular section 10160 et seq has a ton of important things to consider including access to documents, accountings, etc….  Check them out here and let me […]

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 […]