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Biddle Law Estate Planning Blog

Saturday, June 15, 2019

California Allows Plaintiffs to Recover Additional Costs When Suing Decedent’s Insurer


Sometimes the individual who was responsible for causing you injury may pass away before you have the opportunity to bring suit for damages. So what can you do if this happens? You have the option of bringing suit against a deceased person’s estate. However, in the state of California, this is not always the easiest task. 

Claimants Must Act Quickly When Dealing with a Decedent’s Estate

In most state cases, those interested in bringing suit against a deceased person’s estate must first file what is called a creditor’s claim, before they are able to proceed with bringing a lawsuit in Superior Court. Since claimants only have a one-year statute of limitations under California Code of Civil Procedure section 366.
Read more . . .


Monday, May 20, 2019

The Best Gift for Your New Spouse: An Estate Plan


Marriage is an exciting new journey; one that brings with it a series of new hopes, dreams, and goals for the future. Many of these goals you will make together as you begin your new life. You may think about opening joint bank accounts, filing joint taxes, buying a home, and more. But what many newlyweds don’t think about is making an Read more . . .


Thursday, April 11, 2019

What is a Holographic Will?


It is certainly a good idea to create and regularly review your will with an experienced estate planning and probate attorney. In it you are able to share your wishes for what you would like to happen after you pass away, including who you wish to inherit which assets.
Read more . . .


Monday, March 4, 2019

Is being left out of a parent’s Will necessarily a bad thing?


Most headlines surrounding celebrities are filled with drama and often possible misrepresentations. So, it was not likely a surprise to read that the late actor, Burt Reynolds, reportedly left his son, Quinton, out of his Will when he did his estate planning.
Read more . . .


Saturday, February 23, 2019

How Does Probate Work in California?


Probate is how an estate gets settled under court supervision. When someone dies intestate (without a Will), the court will appoint an individual (usually an adult child or surviving spouse). However, if there is a Will, it may contain a nomination for an individual to appoint as an executor of the Will. This individual has authority under the law to gather and to value the assets of the estate, to pay taxes and bills, and to distribute the assets to the named beneficiaries of the Will (those whom the decedent assigned an asset to be left to).

What is the Purpose of Probate?


The purpose of probate is to prevent the occurrence of fraud after someone has passed away.
Read more . . .


Monday, January 14, 2019

How Can I Protect Myself From Financial Elder Abuse?


California estate planning attorneys know that, while you can't always protect senior citizens from becoming victims of elder abuse, having a comprehensive estate plan is an important step in the right direction. 


As we age, our physical and mental capacities generally diminish, leaving elders vulnerable to physical, emotional, and financial abuse by predators.
Read more . . .


Monday, December 10, 2018

When Administrators Sue to Recover Estate Assets


What happens when someone won’t return an estate asset?

San Mateo estate planning attorneys know that the best way to secure your own future and that of your loved ones and ensure that your property ends up in the hands of those you want to have it after you’re gone is through a comprehensive estate plan.

While an estate plan virtually always results in your wishes being followed, sometimes will contest or other wrinkles arise that may threaten your plans and/or result in estate litigation.
Read more . . .


Saturday, November 3, 2018

The Princess and the Trust

 Q: Can a trustee be removed due to lack of mental capacity?

Historically, princesses have been portrayed as being surrounded by riches and being accustomed to having their own way. But estate planning attorneys can tell you, they are subject to the same rules as everyone else when it comes to their trusts and estates.


Read more . . .


Thursday, October 11, 2018

Reasons and Legal Mechanisms to Avoid Probate


How can I avoid probate in California?

Avoiding probate in CaliforniRead more . . .


Monday, September 17, 2018

What is the Slayer Statute in California?

California estate planning lawyers are often asked by clients whether they should tell their adult children or other loved ones what they will inherit under their will. In the vast majority of cases, that disclosure will evoke feelings of gratitude on behalf of the intended beneficiaries.


Read more . . .


Tuesday, August 14, 2018

California Estate Planning for Same Sex Couples

Q: Why do same-sex couples need estate planning?

After decades of fighting the good fight, the LGBT community scored a major victory when it won the constitutional right to marriage equality in the 2015 United States Supreme Court decision in Obergefell vs. Hodges.

The landmark decision conferred valuable federal privileges and rights upon same-sex married couples, similar to those enjoyed by heterosexual married couples.  But just as it is inadvisable for heterosexual couples to die without wills...


Read more . . .


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| Phone: 650.532.3470
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| Phone: 650.532.3470

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