A lot of people create a basic estate plan. They have a will, trust, power of attorney for finance, medical directive, general transfer, certified extract and in some cases other documents too.  In some cases they take great care to plan their trust out. They think about who should be the trustees. They think about […]

After 18 years in the trust and estate field of law I have seen enough situations which would suggest family members should NEVER BE used as executor, trustee, power of attorney or in other position of authority in your California estate plan.  This may seem like an exaggeration and maybe it is but only slightly. […]

The foreclosure process is, of course, much longer than just 5 steps. However, for California probate purposes these are the basics. Of course when dealing with a foreclosure in a trust, estate or probate situation you should hire a California lawyer who specializes in this area of law.  The 5 steps are: Step 1 Notice of […]

Selling a business in probate, after death, requires special care. However, when the business is a law practice there are even more rules. This, of course, is due to the interplay between the probate code and the California Bar’s rules of ethics. If you are a lawyer then you know you can’t split fees with […]

What does the estate planning process look like in California?  Here is an example of what you might expect: STEP 1: Find qualified estate planning attorney.  Ask us for our list of 7 questions to ask BEFORE hiring your estate planning attorney if you aren’t sure what to look for in an attorney. STEP 2: […]

What’s better joint account ownership or trust account ownership? Different account titling is better for different people in different situations.  However, in most cases ownership in the trust is the most flexible and long last answer.  For example, I was talking to a client last week who has a trust. Her adult son is co-trustee […]

Yesterday’s focus was the parent to child exemption for re-assessment in California property taxes. This is a booming area of law as Counties are desperate for tax revenue and finding people who do not do all their tax forms right can be an easy way to make more money. The key with property taxes is […]

It’s getting to the point where a large percentage of my probate Court work is for people that didn’t plan their trusts properly. That is, they failed to properly fund their trust.  The key is getting ALL your assets lined up with the trust or with proper death beneficiaries.  I say all assets as people forget […]

As I stated yesterday some advanced estate planning techniques are over-used in that they are overly complex for a lot of people.  In addition they cause recurring costs. There are two advanced estate planning tools that are under-utilized in my opinion.  The two are: 1) The Qualified Personal Residence Trust and 2) The Irrevocable Life […]

Simple trusts can become creditor protection trusts, in California, if your attorney knows what they are doing!  Does your trust provide creditor protection to your loved ones? I am a California lawyer who is a Certified Specialist in Estate Planning, Trust and Probate Law. I can help you!  -John