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Testamentary Trusts Happen AFTER Probate

I was recently introduced to new clients who told me they had a “will-trust.”  I assumed they had both a will AND a trust because that is the norm for estate planning in California. That is, a “pour over will” and a revocable or “living” trust.  However, that is not what they had. As they […]

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New Years 2012 Resolutions

Work out more, eat less, and a whole host of other things are on our lists. However, what about GET MY ESTATE PLAN DONE THIS YEAR!?  Protect your family, save them money, avoid probate, and show them you care about them! Hire a California Certified Specialist in Estate Planning, Trust and Probate Law and get […]

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Will AND Trust

Clients always ask which is right for them, a will or a trust.  In California the answer is generally BOTH! The centerpiece of an estate plan is one of three choices: 1) DO NOTHING – Use the state sponsored plan… if you dare!  The state plan generally distributes assets to next of kin and/or your […]

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New Year’s Resolutions 2012

Everybody is different but I suspect a lot of people have new year’s resolutions that include things like the following: – Go to the gym 5 times a week; – Eat less junk food; – Wake up early; – Don’t buy a cup of coffee every morning; … and the list goes on and on. […]

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Testamentary Trusts

A lot of people know what “living trusts” are. However, how many know what a “testamentary trust” is?  A testamentary trust is simply a trust that takes affect AFTER DEATH. Usually this is done by creating a will and within that will creating the trust language which will take affect after death and after probate. […]

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Review Your Estate Plan

I met with a nice couple yesterday who had a revocable living trust set up about 15 years ago by a well respected local estate planning attorney. I know the attorney and think she is perfectly capable at her job. No, she is not as good as me but… she’s perfectly acceptable.  I reviewed the […]

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Trust Administration Issues

Whether you are a trustee or a beneficiary of a California trust it’s important to be familiar with the relevant rules laid out in the California Probate Code. In particular section 10160 et seq has a ton of important things to consider including access to documents, accountings, etc….  Check them out here and let me […]

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Attorney as Trustee

I met with a client last week who really wants to name me as their trustee when they can no longer function in that capacity (beit by death or incapacity). This is not work we actively seek out but we are generally happy to help clients who desire this. I have gone over so many […]

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California Trustee Powers

A lot of times when I go through a trust client’s ask “why is that there?”  Of course these documents are based on forms and some of the form is “boilerplate” and the same for most clients.  Our forms have been tweaked over 30 years of development to have what we think our the crucial […]

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Can You Change Your Will During a Divorce?

I am often contacted by people going through a divorce. They want to change their will and change it fast so that the evil-x (or soon to be ex) gets nothing… and I mean NOTHING! Often they have already filed or been served with the summons. They may have read it to find that they […]

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