As my law practice has developed over the years it has gotten to the point where it is 50% estate planning and 50% probate and trust administration. This means 50% of my work is planning for death and 50% is cleaning up after the fact. Let’s back up real quick. I went to three years […]

Each asset you own has different issues when considering if it should be coordinated with your trust.  In my opinion life insurance is simple and there is one right answer… or at least one most correct answer. In my opinion the primary beneficiary of your life insurance policy should be your revocable trust in most […]

Ok, this could be the longest blog in the history of the world I went into all the details about Bypass trust funding.  These trusts are also called “B trusts” or “credit shelter trusts” and their use generally comes up when the first spouse dies. Many spouses set up these trusts years ago when their […]

Talk about a loaded question!  Just the other day I was talking to a client, in a probate case, and she asked this question of me. It really is a loaded question though.  YES, you “can” just give it back BUT…. Let me start by saying there is simply no one size fits all answer […]

People procrastinate on finishing their estate plans for some reason.  Apparently they know when they are going to die so they can decide when to sign the documents and finish the plan. I have a yearly cycle that I see. We are currently in a non-excuse time and thus people are working to finish their […]

Like most things in life preparing wills and trusts is something you can not learn in one day. In fact, you can’t learn it in one year.  I was reminded of this last week at a continuing education seminar I attended. I have been doing this type of work since 1994 and, in fact, been […]

Ok, I apologize but I couldn’t resist the title for this post.  Our society is crazy with litigation. Yes, you can blame the lawyers but individuals have to hire the lawyers and sign the lawsuits that are filed! However, it’s no doubt litigation is out of control, people sue for everything big and small, and […]

YES you can find free power of attorney forms on the internet. YES you can go to stationary stores and find similar forms for very cheap. YES you can find some attorney who knows nothing about estate planning who can print a form and charge you fifty bucks. However, will that really solve the dilemmas […]

An ILIT is the standard acronym in the industry for Irrevocable Life Insurance Trust.  An ILIT is one of the most dynamic estate planning tools available and that’s why I mention them from time to time. The key on this blog post is the idea that an ILIT need not have anything to do with […]

There are two types of authority your attorney can ask for in your probate case under the California Independent Administration of Estates Act (“IAEA”).   Which is better for YOU?   I look at each case individually and make the decision that makes the most sense for you the client. There are counter-balancing issues on each side […]