What are the six essential steps to producing a quality estate plan, and how do you implement that plan? This is a common set of questions that apply to most people who want to plan for after they have passed. The six steps are as follows, and they will change slightly depending on your goals […]
Here are four benefits to setting up a Special Needs Trust and why you might need it.. 1. They Work With Governmental Programs When you set up a special needs trust correctly, you create a revenue stream that does not impact access to government programs such as SSI or Medi-Cal. The money or assets in […]
What is the best tool to handle your estate when you pass? Some people find a will and last testament to be the best tool for disbursing assets. Others may find an irrevocable living trust to be a better match for controlling their assets at death. However, a third option may be the perfect tool […]
“A loved one just passed away. Do I need to open a probate estate?” At Charles D. Stark, we hear this question often. In most cases, the answer is yes – an estate gives you greater control over your loved one’s assets. Sometimes, though, you do not need to open an estate. Probate is a […]
A power of attorney or POA is a legal document. It gives someone else your legal rights to make decisions on your behalf. The decisions can vary, and a POA can be as specific or general as you would like. The person who is giving this power away is called the “principal.” The person receiving […]
California law defines a holographic will as “a Will that is handwritten, dated and signed by the person writing the Will.” That may be an easy solution to writing a will, but there are some elements that must be proven to the probate court for the will to be valid. Pros and Cons of a […]
A Will contest is a legal claim that there is some reason that a will is legally invalid. These lawsuits are often brought by family members who are left out of Wills or feel that they did not get as much as they should have from a will. At its core, a Will contest challenges […]
You may have heard that you do not need a will as part of your estate plan if you have a living trust or even a revocable trust. However, trusts and wills provide very different functions in your estate plan. As a result, you generally cannot completely replace your will with a trust. Instead, you […]
Have you ever considered writing a will, but wondered if you are too young to need one? You are not alone – many people think they can put off writing a will until they are older. Unfortunately, none of us knows how long we will live, and the end sometimes comes before we have a […]
Your First Steps as an Executor in California If you are named as an executor of an estate, you have a lot of responsibilities on your shoulders. Your loved one is counting on you to carry out their wishes as set out in their will. The beneficiaries are also relying on you to carry out […]