Biddle Law Estate Planning Blog

Many people find estate planning to be somewhat confusing, but for same-sex couples it can seem quite complex – regardless of whether or not they are married. The good news is that estate planning for same-sex couples does not have to be so complex or confusing.
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When a loved one passes away, the oft-drawn out probate process commonly results in increased expenses. This is the last thing that you want your heirs to go through when they are grieving such a loss. To contend with these issues, living trusts are often created.

A living trust is a legal document, often used as part of a comprehensive estate plan, that allows you to assign ownership of your assets to the people you so choose. A trustee, who you will assign, is tasked with overseeing the distribution process and ensuring that your wishes are properly carried out.
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The loss of a parent can prove all-encompassing. When you are processing the loss of your mother or father it can be an extremely emotional time. While you are trying to move forward, the last thing you likely want to have to worry about is what is supposed to happen to their estate and you most definitely don’t want to have to deal with the Read more . . .

When individuals die without a will (intestate) the state has a certain order in which it provides the decedent’s assets to particular individuals. For example, when someone dies intestate, their property will generally transfer equally among their children (should they have any). But what about children who are adopted? Can the same be said for them? What are their rights? Here’s what to know about adoption and inheritance rights in California. 

In the state of California, adopted children enjoy all of the same rights as their biological counterparts do concerning their inheritance rights. Adopted children may inherit from their deceased adoptive parent or they may inherit from someone else through their deceased adoptive parent.
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We execute estate plans so that during our lifetime and upon our incapacitation or death we can best provide for our loved ones and ourselves. A big reason for this is to be sure that we can provide for our loved ones after we have gone. This is even more important when we have a child or loved one who is disabled. 

The government treats all individuals with disabilities as adults once they turn 18. However, an individual who becomes disabled prior to the age of 22 is entitled to receive Social Security Income (SSI) benefits as long as the worth of their assets remains under $2,000 and their income remains lower than the amount of money they would receive in SSI benefits.
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We all know that it is important to have a will. Whether it’s because we don’t want to think about our own mortality, we don’t have the money, or we just flat out don’t get around to it, sometimes people die without a will. When someone dies without a will, it is called intestate. So what happens to someone’s estate when they don’t have a will?

When someone dies intestate, the California probate estate must be administered, distributing his or her property. Their assets will go to the deceased’s closest relatives under California’s intestate success laws.
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Losing a loved one can be hard. But when you add in having to deal with their estate it can get extremely difficult and often overwhelming – especially if it goes to probate.

Probate is the settling of an individual’s estate by a court-appointed executor. Although it can be simpler if the estate fits within a certain tax bracket, when it does not it can require a long, often expensive court process, sometimes lasting years. 

Can You Avoid Probate?

If the executor is able to prove that all debts have been paid by the value of the estate and there are no significant debts remaining, probate can be avoided.
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Q: Are their benefits to designating a charity as my IRA beneficiary?

Everyone wants to save money but most people don’t realize that hiring a skilled San Mateo estate planning attorney who understands how to minimize or eliminate estate taxes can save their estates – and consequently their beneficiaries – big time depending on their particular circumstances.

And you don’t necessarily need to be high-net-worth individuals to take advantage of these estate tax planning benefits.
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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.
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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 . . .

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.
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