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15 05, 2017

PLANNING FOR YOUR “DIGITAL ESTATE”

By | 2017-05-22T06:17:35+00:00 May 15th, 2017|Estate Planning, Succession Planning, Wills and Trusts|Comments Off on PLANNING FOR YOUR “DIGITAL ESTATE”

A few years ago, security software company McAfee, Inc. conducted a study which revealed that, on average, Americans have a “Digital Estate” worth more than $50,000.00.  At the time, these digital assets were at risk of being lost or otherwise inaccessible when the owner died or became incapacitated. On January 1, 2017, California became one [...]

28 04, 2017

Does Your Estate Plan Account for Your Incapacity? ​Benefits of a Durable Power of Attorney

By | 2017-05-04T08:28:22+00:00 April 28th, 2017|Estate Planning, living trust, Succession Planning, trust, Wills and Trusts|Comments Off on Does Your Estate Plan Account for Your Incapacity? ​Benefits of a Durable Power of Attorney

A frequently overlooked part of the estate planning process is deciding who will help you manage your financial affairs if you’re ever incapacitated and unable to manage them yourself. In reality, the likelihood of you needing someone to act on your behalf at some point in time is statistically quite high; accidents happen every day. [...]

29 03, 2017

Expressing Your Wishes and Mitigating Tensions Through Letters of Intention

By | 2017-03-29T22:51:52+00:00 March 29th, 2017|Estate Planning|Comments Off on Expressing Your Wishes and Mitigating Tensions Through Letters of Intention

The estate planning process can be an overwhelming experience for clients. After all, we are discussing a pretty unpleasant topic (your ultimate demise), and what will happen when you’re gone. It is an inevitable part of life as we know. In some situations, there is a gap between how I, as an estate planning attorney, [...]

28 06, 2016

A Trustee’s Responsibilities Administering a California Living Trust

By | 2016-12-14T11:16:30+00:00 June 28th, 2016|Estate Planning|Comments Off on A Trustee’s Responsibilities Administering a California Living Trust

Our estate planning clients often have a lot of questions about their obligations as a trustee of their living trust. Where the acting trustee is also the creator or “grantor”[1] of the trust, the trustee typically has plenary power to act on behalf of the trust and may amend or even revoke the trust in [...]

5 01, 2016

Estate Planning: Choosing Per Stirpes or Per Capita Distributions

By | 2016-01-05T07:22:09+00:00 January 5th, 2016|Asset Protection, Estate Planning, living trust, Wills and Trusts|Comments Off on Estate Planning: Choosing Per Stirpes or Per Capita Distributions

Per Stirpes or Per Capita Distributions While Latin may be a dead language, it remains relevant to estate planning lawyers and their clients when choosing how to prepare for the distribution of an estate through a will or living trust. “Per Stirpes” literally means “by roots or stocks; by representation” and is used interchangeably with [...]

21 12, 2015

Benefits of a Financial Power of Attorney

By | 2015-12-21T11:23:13+00:00 December 21st, 2015|Asset Protection, Estate Planning, Succession Planning|Comments Off on Benefits of a Financial Power of Attorney

Introduction Many of our estate planning clients have heard about a Financial Power of Attorney but are not clear as to why they should have one or how they might benefit from having this legal document. At the outset, it is important to consider, “Who takes care of my financial interests if I become incapacitated [...]

9 11, 2015

Is a Testamentary Bypass Trust Right for Me?

By | 2015-11-09T12:25:23+00:00 November 9th, 2015|Asset Protection, Business Contracts, Estate Planning, Wills and Trusts|Comments Off on Is a Testamentary Bypass Trust Right for Me?

Introduction Whether you are a business owner reflecting on your succession planning needs, or an individual who has amassed significant assets from sources other than a business, if you are married, a testamentary bypass trust should be considered in your estate planning process. What is a Bypass Trust? A bypass trust is a type of irrevocable trust and is [...]

7 07, 2015

How do I Transfer Property to My Living Trust?

By | 2015-07-07T09:20:28+00:00 July 7th, 2015|Business Law, Estate Planning, Succession Planning|Comments Off on How do I Transfer Property to My Living Trust?

Now that you have made the initial decision to have a living trust prepared, you might be asking "How Do I Transfer Property to my Living Trust"? It is first important to understand that a trust itself is not a legal entity that can hold assets like a corporation. Instead, a trust is a contractual agreement [...]

1 04, 2015

What is a Trustee?

By | 2015-04-01T09:30:38+00:00 April 1st, 2015|Estate Planning, Wills and Trusts|Comments Off on What is a Trustee?

WHAT IS A TRUSTEE? A trustee is the designated manager of a trust, and in this capacity, holds title to all the assets of the trust. These assets may include real estate, a portfolio of stocks, bonds and similar instruments, a closely held business, coin and art collections or any number of assets.A trustee can [...]

27 03, 2015

What Is Estate Planning?

By | 2015-03-27T08:38:11+00:00 March 27th, 2015|Estate Planning|Comments Off on What Is Estate Planning?

Estate planning is vital so that all of your assets are managed and taxes and court costs reduced during your lifetime and upon or after your death. The good news is you do not need to be sick or dying to start estate planning. In fact, many people initiate the process at a relatively young [...]