A person is free to dispose of property as he or she wishes by making a will. There are cases in which a person may enter into a written contract to make certain provisions in their will in exchange for certain considerations. For example, a father may promise to make…
San Diego Estate Planning Lawyer Blog
How Does a Reverse Mortgage Affect My Will or Trust?
Living in southern California gets more expensive every year. For many elderly San Diego residents on a fixed income, just paying monthly bills can be a struggle. This is one reason “reverse mortgages” have become popular in recent years. How Reverse Mortgages Work Most of us have taken out a…
Have You Talked to Your Family About Estate Planning?
Estate planning is a process that affects your entire family. The decisions you make today regarding your will and trust can affect your spouse, children, and other relatives years down the line. This is why it is important to make sure your family is aware of your estate planning intentions.…
Does Your Will Need a “Titanic” Clause?
If you are married or in a long-term relationship, your estate plan will likely name your partner as the principal beneficiary under your will or trust. But what if you both die in a common accident? The law in this area can get a little complicated. California’s 120-Hour Rule When…
Can a Special Needs Trust Help My Disabled Child?
There are many kinds of trusts used in estate planning. One you may not have heard about before is a special needs trust. This is a trust designed to provide for a person who is receiving certain types of government benefits, such as Medi-Cal or Supplemental Security Income. Because these…
Who Has the Right to Plan My Funeral?
Many people do not bother to plan for their own funerals. They just assume their family will take care of the arrangements when the time comes. If there is disagreement among family members, however, a funeral can quickly turn into a financial and legal battleground. This is why it is…
Using a Trust to Manage Property in Different States
One of the main benefits of a living trust is that it can make it easier to administer property you own in multiple states. Probate is handled at the state level, so if you own a house in California and a rental property in Arizona, your probate estate would need…
Will My Business Continue After My Death?
Many Californians are self-employed or own their own small business. If you are among this group, it is important to make appropriate provisions in your estate planning, especially if you have partners, employees, or family members who need to continue the business after your death. The type of planning required…
Do I Need to Amend My Trust Following a Divorce?
Following a divorce there are a number of collateral issues you need to deal with. Among other matters, you may need to reconsider your estate planning situation. For example, if you and your former spouse created a living trust, you will probably want to revoke that trust and create a…
The Importance of Properly Funding a Living Trust
As any estate planning lawyer can tell you, a living trust can help you avoid probate, as assets in a trust do not pass under your will, which can save your heirs time and money. However, an improperly executed trust can lead to unnecessary confusion and even litigation. Courts Sort…