A Power of Attorney is a document that lets you appoint someone to either handle a specific task or act with general powers to handle your finances if you become incapacitated. Here are the answers to some frequently asked questions about the second type of power of attorney: 1. What…
The new federal estate tax system signed into law by President Obama last December has an interesting and advantageous break for married couples. Starting this year, widows and widowers can add to their own estate tax exemption the unused exemption of their spouse. This “portability”provision together with an increase in…
The new Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 was signed by President Obama on December 17, 2010. Part of this new law sets the federal estate exemption amount at $5 million. This change is set to stay in effect until the end of 2012 unless…
At Scott C. Soady, A Professional Corporation, we frequently see clients who have made estate planning mistakes. Sometimes we are able to correct those and sometimes, unfortunately, it is too late. Here are some of the most common estate planning mistakes: 1. Not having an estate plan at all. Probably…
We’ve posted blogs in the past about the importance of executing an advance health care directive. The Advance Health Care Directive can name an agent to make health care decisions for you if you become unable to do that for yourself. Other information that can be included in your AHCD…
Being a trustee of a trust is an important job and requires a high degree of honesty, trustworthiness, and ethics. Trustees are fiduciaries and have a number of duties under the California Probate Code. Trustees have the duty of loyalty (Probate Code 16002), the duty to deal impartially with the…
A Grantor Retained Trust (“GRAT”) is an advanced estate planning technique used by the wealthy to gift rapidly appreciating assets to another individual or charity without having to pay estate or gift tax. It is a special type of irrevocable trust that allows the creator of the trust, the “Trustor”,…
If you do not have a will, or better yet, a trust, your estate will be distributed according to the laws of “intestacy” set forth in the Probate Code. There may be a difference between how your estate is distributed according to your wishes and how it will be distributed…
A number of new laws are going into effect on January 1, 2011. Here are just a few: 1. Possession of marijuana of an ounce or less will be an infraction rather than a misdemeanor. 2. Toyota Prius cars will no longer be able to use the car pool lane.…
A new series on the Discovery Channel is called The Will: Family Secrets Revealed. It is an eight part series on the wills (or lack thereof) of various people depicting the drama of some families after a death in the family. Throughout the series, each one hour episode will show…