From The blog

After a divorce and remarriage, it is important to create an entirely new estate plan. Many of the major portions of your estate plan will no longer be valid and your trust should have been revoked properly upon dissolution of your previous marriage. In addition, many times in a second marriage, each person wants to have their property go to their own children. This is perfectly natural, and...

Property held in a revocable trust can be reached by creditors just like property held in your name. It has no legal effect on creditors, and protecting assets is not the purpose of a trust. The purpose of a trust is to pass your property to your chosen heirs in the manner which you choose without the need for court intervention or probate. If you own a business and are looking for protection...

Putting property into a trust does NOT change your tax liabilities. Any income from property in the trust (such as rents from houses, profits from stock shares, or other income) will be taxed on your personal taxes just like it was before you created the trust and put the property into it. Additionally, your property tax will not be re-assessed or increased when you transfer houses or land into...

A Trust can always be amended by the creators of the trust, unless the trust is an irrevocable trust. Irrevocable trusts are uncommon, and only used in special circumstances. Most trusts are revocable and can be changed via an amendment. The amendment can change the distribution of property, names or number of beneficiaries, the list of trustees for the trust, or virtually any other item. The...

When a house is the lone asset that will be passed on to heirs, it is somewhat common to put it in joint tenancy with rights of survivorship. It is common enough that there is a term for it, and it is referred to as a “poor man’s trust.” While this can work in some cases, it is not recommended for the following reasons: Once the deed is executed and recorded, you cannot change it without all...

During the lifetime of the person or persons making a will or a trust, the answer is “no one.” People have a right to keep their plans secret or only make limited disclosure. This is also important because wills and trusts can be changed, and full disclosure of terms that are later changed could create real problems among disappointed beneficiaries. After death, a will must be probated, if there...

An Advance Health Care Directive has two purposes. It is essentially a document that expresses your wishes for end of life care and health care decisions if you are incapacitated. First, it tells both your caretakers and the doctors what your wishes are as far as medical treatment, resuscitation, and whether or not you want the use of life support if you have no mental activity. Second, it...

While California does recognize wills that you create, there is a very important limitation on this: it must be either properly witnessed, or it must be entirely in your own handwriting. This means that if you have filled out a form will (available in stationary stores, online, etc.) you MUST have the will properly witnessed and attested to in proper format, otherwise it will be invalid. You can...