A Last Will and Testament is one of the best ways to protect your legacy. Also known simply as a will, this legal document allows you to control what happens to your property when you die. Even if you have a trust a will is still necessary to provide for a “personal representative” with powers […]

During estate planning or when you write a will, you can grant a person (fiduciary) certain responsibilities – an executor, trustees, and guardians are all examples. Fiduciaries have a significant role in the management of your estate. As such, it is important that these roles be filled by people who can manage their responsibilities so […]

Probate litigation is the process by which the probate court determines the validity of a will, evaluates the assets of an estate, determines liabilities, determines the heirs or beneficiaries and distributes property, should there be assets. Read for further information about what this process entails. The Actions of Probate Litigation When you die, and you […]

Charitable trusts are irrevocable – meaning once they are established the income belongs to the trust and not to the individual. There are benefits to setting up a charitable trust aside from helping an organization or person. Here are a few of the many things to know about charitable trusts in California. 1. Taxed or […]

An Advanced Healthcare Directive is a legal document that outlines your instructions for medical care. This includes end-of-life care when you can no longer make those decisions for yourself. Many people feel that an Advanced Health Care Directive is only for older adults, but they are beneficial for any adult, even young adults who are […]

A Spendthrift Trust is a legal framework that protects the assets within a trust from a potentially irresponsible beneficiary who might harm the trust by overspending or squandering the assets. The spendthrift trust also protects the trust and its assets from creditors of the beneficiary. The creditors are not able to seize the assets of […]

Probate is when a will or other form of last testament is fulfilled and assets are appropriately passed from the deceased to their heirs. The will/ last testament ideally clearly dictates who amongst the living is inheriting which items/assets the deceased owned. More simply, it means passing belongings once the person is passed. However, there […]

California, like many other states, does not have an inheritance tax. If you receive a cash gift or other form of inheritance you do not have to claim it as income in California. The federal level has different protocols, so it’s always important to keep that in mind.  The only time you have to include […]

The Three-year rule is part of the IRS tax code that deals with assets, transfers, and estates. The rule places certain assets in the total for the decedents’ gross estate when those assets are transferred within three years of the person’s death. When someone transfers property or assets to another person within three years of […]

To contest a will, whether you live in California or outside the Golden State, simply means that you are legally checking to see if the will is valid. If you live outside of California you must file your contest in California. The legal relationship is between California law and the Estate. An outside state will […]