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Swanson O’Dell

From The blog

Can I Put A House In Joint Tenancy With My Children Instead Of Creating A Trust?

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...

Who Has A Right To See A Copy Of A Will Or A Trust?

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...

What Is An Advance Health Care Directive?

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...

I Wrote My Own Will: Is It Legally Enforceable?

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...

“What Is An Order Shortening Time In A Family Law Case?”

“What Is An Order Shortening Time In A Family Law Case?” An order shortening time is used in circumstances that do not justify emergency orders. These are generally circumstances where there is no physical danger to children, but nonetheless orders need to be made quickly. They are used to address visitation issues when there isn’t time to wait for a full hearing, vacation issues, event of...

My Circumstances Have Changed, How Can I Amend My Trust To Reflect Those Changes?

There are many life changes that can affect your Trust, including sale of a house, sale of a business, divorce, remarriage, a change in who you want to be trustee, birth or additional grandchildren, or changed wishes for distribution of your assets. Revocable Trusts (also called Living Trusts) can be changed at any time by the makers of the trust. It can be as simple as an amendment to...

“When Can I Ask For Emergency Custody Orders?”

“When Can I Ask For Emergency Custody Orders?” Generally, emergency orders are reserved for situations that are considered dangerous to the child or children of a relationship, which usually means physical harm or danger, or one party removing the child out of the jurisdiction of the court (such as taking the child out of state or the country against court orders or without permission of the...

“Common Income Deductions in Child Support Calculations”

“Common Income Deductions in Child Support Calculations” The State of California uses a financial equation to determine child support that is implemented by a program calls the Dissomaster. This program takes both parties’ financial information and calculates support. The use of the program is mandatory for judges unless they make specific and fairly rare findings of a valid reason to deviate...

“Resources for High Conflict Custody Situations”

“Resources for High Conflict Custody Situations” Although courts have some ability to manage high conflict situations regarding custody and visitation, there are limits on what can be done to limit conflict. One thing that I recommend in ongoing situations (particularly ones that stretch out for a number of years) is that my clients educate themselves on high conflict people. This can help when...

“Guardianship and Termination of Parental Rights”

“Guardianship and Termination of Parental Rights” California has a controversial law which allows guardians who have been appointed for two years or more to apply to the court for termination of parental rights and to adopt the minor child or children. This law can be both good and bad. At its best, it provides stability for a child in that once two years have gone by, there is usually a need...