Estate planning requires you to appoint one or more people to act as your agent or fiduciary under a number of conditions. A power of attorney designates an agent to act in your name while you’re still alive. If you create a revocable trust, a trustee manages those properties you…
Articles Posted in LIVING TRUSTS
The Ramifications of Disinheriting a Child
Disinheriting a child sounds like a harsh act. The word conjures up images of an angry parent taking out a lifetime of disappointment with a child by denying him or her any inheritance. Yet there are many cases where disinheritance is simply based on the testator’s appraisal of his children’s…
Should a Family Member Draft My Will?
When it comes to drafting your last will and testament or other California estate planning documents, it’s important you work with an attorney who is not only knowledgeable and experienced, but also someone who is impartial and not looking to benefit financially from your future estate. To that end, the…
Avoiding Ambiguity in an Irrevocable Educational Trust
Trusts are a common estate planning device used to shield assets from the probate process. Trusts also enable an individual (or married couple) to provide for the maintenance, education and health of family members by utilizing specific assets for those purposes. When making a trust to provide for family after…
Why Your Estate Planning Must Include Intellectual Property
If you’re an author, musician, painter or anyone who engages in creative activity for profit, then your California estate planning should include disposition of any intellectual property rights attached to your works. While most copyrights, patents and trademarks are governed by federal law, they remain intangible personal property subject to…
Understanding the Legal Relationships in a Revocable Living Trust
A revocable living trust is a common estate planning device where a person, called a settlor, transfers his or her assets to a trustee, usually themselves. The settlor can amend or revoke the trust at any point during his or her lifetime. At the settlor’s death, a designated successor trustee…
How a Life Estate Can Help (or Hurt) Your Estate Planning
In addition to a Last Will and Testament or Living Trust, an often overlooked estate planning tool is the life estate. A life estate is like a trust except that it’s created by executing a deed giving a person the right to use a particular piece of land for life.…
Share Your Pet Trust Wishes With Family
If during the estate planning process the wellbeing of your furry, four-legged family member is in the forefront of your mind, a pet trust could be your best option. These trusts can provide the peace of mind that the care and costs for Fido are squared away in the event…
Amending a Trust
A trust is one of the most common tools that residents can use to craft unique estate plans so that their assets are passed on as efficiently as possible. However, many worry about using these tools for fear of their permanency, or wondering whether they can change their mind down…
Debts Owed by Beneficiaries in an Estate Plan
Given the state of the economy, many people are giving loans to their children. While it is very generous of parents to loan money to their children, it can create several problems down the road. Most parents give money to their children but do not expect to ever be paid…