#EstatePlanningLawyer

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How Do I Choose My Successor Trustee?

One of the tasks in creating a trust is designating a successor trustee to carry out your wishes when you can no longer act.

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No-Contest Clauses in California

We may enjoy watching courtroom drama in movies, TV and on stage, but when it comes to our own lives, most people will do just about anything to avoid an estate battle. Including a “No Contest” provision in a will or living trust is an attempt to preclude challenges to a person’s wishes, and to give anyone who might be thinking about a trust or estate battle a clear warning against doing so, according to the article “Why courts enforce a ‘No Contest’ clause” from The Daily Se

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3 min

Where Should I Keep My Will and Trust?

Clients often ask where they should keep their Will and Trust. Although some people ask their attorney to hold the original documents of their estate plan, Forbes’ recent article, “Keeping Your Estate Planning Documents Safe,” explains that, because of the expense of storage and the move to paperless offices, many estate planning attorneys are now having their clients hold the original documents. I believe that is the right answer. I’ve seen well established law firms with se

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2 min

What is Community Property in California?

Marital property in community property states is owned by both spouses equally, according to nj.com’s recent article, “Does this house really become community property after marriage?” Let’s imagine you own a home before your second marriage and created a will leaving the condo to a child. However, you sold the home and purchased another house in your name using funds from the sale and your own funds. Does your new spouse own half the house, even though it’s in your name beca

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3 min

Top 3 Reasons to Have a Living Trust

There are many reasons to have a Living Trust. Living trusts (also called revocable trusts and revocable living trusts) are a great estate planning option for people who own real estate or any significant investments, for those with more complicated family situations (including concerns of an heir who may challenge their estate plan), those with concerns of diminished capacity in later years, or those who simply value privacy over their affairs and want to ensure a smooth and

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Estate Planning for New Parents

Estate planning is something new parents need to put at the top of their must do list. I know you may be sleep-deprived, overwhelmed, and frazzled. But don’t let that become an excuse to put off your estate planning. Having a child dramatically changes one’s estate plan and makes having that plan all the more necessary, says ThinkAdvisor’s recent article, “5 Legacy Planning Basics for New Parents.” Create a checklist—and set attainable dates to complete the items. Here are fi

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2 min

Should I Put My Firearms in a “Gun Trust”?

If you own a gun or are a gun collector, although you likely have heard the term “gun trust,” you may not know what it is, how it works or how it can be of use in an estate plan. Kiplinger’s recent article, “Own a Gun? Careful: You Might Need a Gun Trust,” explains that a gun trust is the common name for a revocable or irrevocable trust that’s created to take title to firearms. Revocable trusts are used most often, because they can be changed during the lifetime of person who

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2 min

How to Incorporate Charitable Giving into an Estate Plan

When looking into charitable giving, it can easily become overwhelming. Talking to an experienced estate planning attorney can help make this a simple part of your estate planning that you feel great about. The Press & Guide’s recent article, “Estate planning and charitable giving,” explains that there are a number of ways to incorporate charitable giving into an estate plan. It is something that almost anyone can do. Let’s look at some common ways to give: Giving in your wi

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2 min

How Do I Find the Right Estate Planning Attorney?

When looking for an estate planning attorney, many people feel more comfortable with getting a personal referral than by trying to find an attorney on their own. While a referral from friends can be a good start to finding an experienced attorney, it may not be enough to cultivate a successful working relationship, says The San Francisco Business Times in the recently published article, “Guide to finding an estate planning attorney who is right for you.” Identify the type of

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3 min

Should I Create My Will Online?

More than 50% of Americans don’t have a will, according to a 2017 survey by Caring.com. A U.S. News & World Report’s article asks “Should You Make a Free Will Online?” According to the article, before writing your will or using an online service, you need to know the legal requirements in your area. In many instances, this is best left to a legal professional in your state. There are plenty of online tools that will help you create a will. However, before clicking on a websit

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Updating Your Estate Plan After a Divorce

Updating your estate plan after a divorce should be at the top of your must do list. Forbes’ recent article, “9 Things You Need To Know About Estate Planning After Divorce” suggests that, if your divorce was finalized in 2018, prior to the effective date of the new rules providing that alimony is no longer tax deductible, it’s time to revise your estate plan. It’s also good idea for those people who divorced in prior years and never updated their estate plans. Let’s look at s

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3 min

Should I Have a Trust?

Trusts are often associated with the very wealthy, who want to pass on their wealth to future heirs. However, there are many good reasons to set up a trust, even if you aren’t “rich.” In general, I recommend trusts for my clients when any one of the following factors are present: The client owns any real estate; The client has over $150,000 in cash or stock; The client owns a business or has interests in a business; The client is in a blended family situation; or The client v

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Proper Estate Planning Can Prevent Family Fights

If you’re concerned about family conflict after you pass away, you must have an estate plan to minimize that potential for conflict by making your wishes clear and legally documented. Unfortunately for families, most people (whether they are concerned about conflict or not) never get around to estate planning. In fact, research shows that about 60% of U.S. adults don’t have even a simple will. For those that do have a will, they often fail to recognize that not all of their p

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2 min

Using Life Insurance in Estate Planning

I’m a huge believer in life insurance. For me personally, being properly insured is a top priority, and I suggest the same to many of my clients, particularly those who don’t have an abundance of liquid assets available or who simply value certainty. I have several farming clients in the Central Valley. For their families, they often use life insurance to help with the transition from one farming generation to another. If this move is done correctly with life insurance, it p

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