The executor of a British estate was recently caught transferring the deceased’s car, worth about $1,240, to his own stepdaughter for the private use of her and her boyfriend. The fraud became public knowledge when the couple broke up and the boyfriend subsequently told his friends, who in turn informed…
San Diego Estate Planning Lawyer Blog
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…
Who Can Access Your Social Media Accounts After Your Death?
Traditionally, California estate planning addresses distribution of real and tangible personal property. But in the Internet age, intangible personal assets such as social media accounts are an essential part of many estates. Google, Facebook and Twitter may all contain personal data that you might want to dispose of in a…
Estate Planning Complications of Divorce
Divorce entails not only dividing a couple’s assets but undoing potentially complex estate planning entered into during the marriage. In the case of trusts, where asset titles are legally transferred to trustees, things can get even more complicated. That’s why it’s important to work with an experienced San Diego estate…
How Will My Estate Pay Administration Expenses?
Most people see a last will and testament simply as a vehicle for distributing their property after they are gone. But a properly drafted will must also address the more technical details of the probate process. For instance, who will pay for the expenses incurred in administering your estate? Even…
Failure to Promptly Secure Counsel Can Prove Costly in Estate Litigation
It’s an unfortunate reality that death often results in litigation. If a person dies as the result of injuries caused by others, that person’s estate may seek restitution in the courts. There may also be litigation over debts owed to the deceased. The possibility of postmortem litigation is just one…
Probate Referees Can Settle the Value of Your Estate
How much is your estate worth? Most of us don’t contemplate this question on a daily basis. But in California estate planning, determining the “market value” of your assets is critical. When a will is filed, the probate court needs to see an inventory of the assets you’ve left behind…
U.S. Supreme Court Hears Challenge to California Same-Sex Marriage Ban
The political and legal debate over California’s policy towards same-sex marriage reached the Supreme Court on March 26 when the justices heard arguments in Hollingsworth v. Perry. This is the first of two cases where the Court may address the federal constitutional rules governing same-sex marriage. The Hollingsworth decision in…
The Basics of Tax-Exempt Charitable Organizations
Charitable giving is a common part of estate planning. In addition to supporting organizations you deem worthwhile, charitable gifts can reduce the taxable value of your estate. Just as charitable gifts are deductible from personal income taxes while you’re alive, similar gifts made after death are deductible from the gross…