Biddle Law Estate Planning Blog

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.
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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.

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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.

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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...

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Tuesday, July 10, 2018

Modifying a California Estate Plan

Q: Can I change my estate plan?

Getting started with estate planning in California is simple. The hardest part is usually overcoming the natural inclination many people have to postpone facing their own mortality or potential disability.
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Friday, June 15, 2018

Review Your Estate Plan Today

Why is it important to review your estate plan periodically?

You’ve taken the critically important step of making an estate plan. Now what? While it may be tempting to shove your will in a desk drawer and forget about it, estate planning lawyers recommend that you routinely review your estate plan to ensure that it is up-to-date with your current lifestyle and conforms to any newly passed laws.

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Monday, May 14, 2018

Incorporating Planned Giving into Your Estate Plan

Q: Do I need to be rich to leave money to a favorite cause or charity?

One of the biggest misconceptions about estate planning is that you don’t need a will unless you have a lot of money. Another misconception is that you can’t donate money to a favorite charity or cause unless you’re worth a fortune.

First off, no one knows how long life is going to be or what challenges or blessings are in store. So, it pays for all adults to have..

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Wednesday, April 11, 2018

In Focus: Trust Disputes

What are the most common types of trust disputes?

Trusts have become one of the most popular estate planning tools, and for good reason. A trust allows the trust creator (the trustor) to entrust assets to a named trustee for the benefit of the beneficiaries. Trusts do not need to go through probate when the trustor dies, thereby preserving the trust assets, keeping the trust private, and saving beneficiaries considerable time. Despite the many benefits of a trust, at times disputes will arise between the beneficiaries and the trustee or the beneficiaries and the trust itself.

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Friday, March 16, 2018

When Granny Goes Missing

Q: How can incapacitated elders be protected?

A skilled California estate planning lawyer has an arsenal of legal mechanisms on hand to customize an estate plan that's personalized to each client’s particular situation.

In addition to documents that transfer your property to others--like a last will and testament or like a trust agreement (which may also help...

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Monday, February 19, 2018

California Estate Planning Options Include Wills and Trusts

Q: Do I need a trust or a will? Or both?

Two of the many benefits of seeking counsel from a skilled California estate planning attorney--instead of attempting a risky do-it-yourself will-- are a law school education and years of experience.

You certainly wouldn't stitch your own wound closed and probably wouldn't offer to be a surgeon's first case.
Read more . . .

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