Archive

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 […]

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 […]

When choosing someone to choose an executor, guardian, or trustee of your will, be sure to choose a fiduciary. Many advisors can handle the basic guidelines of your will or trust, but not all of those are fiduciaries. The difference is that a fiduciary makes financial or other decisions for you, while a financial advisor […]

“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 […]

Contact Us

  • The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
  • Privacy Policy