Estate Plans

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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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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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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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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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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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.
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An executor plays an extremely valuable role in the administration of an estate. He or she will make sure that bills are paid appropriately and make distributions to beneficiaries. The executor role is designed to make everyone’s life easier after a loved one passes.

Unfortunately, when the executor does not carry out his or her duties, an already difficult time can become even more challenging. Thankfully, beneficiaries can take action to address poor administrator performance.
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Q: What happens when multiple wills are presented for probate?

More than a month after the death of one of the most notorious mass murderers of our time, the late Charles Manson is making headlines again due to a large fight over who is entitled to his remains and belongings.

The Manson estate appears to be a prime example of why people should consult a skilled estate planning attorney to ensure that their assets are distributed and their bodies disposed of in the matter they wish.
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Where should I store my will?

After a year of catastrophic fires in California and unprecedented hurricanes hitting both Texas and Florida, Americans have become more acutely aware of the importance of preserving our valued personal items.  When a natural disaster strikes, you want to make sure that your important documents are in a safe place.  Some of the most critical documents that you will want to preserve are your Read more . . .

A will describes who should get what regarding both assets and liabilities. However, sometimes the will may not seem fair or just for various reasons. If you read a family member’s will and think, “Why did Dad do that?” or “I’m shocked that Mom did that,” you may have grounds to contest a will.

There are a variety of reasons that contesting a will may be appropriate. Underlying each rationale, however, is the notion that something seems slightly off on how the decedent left things.
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The probate process can be time-consuming and expensive. It can also be very emotionally draining for someone who just lost a loved one. As such, many individuals take steps to avoid the probate process entirely to save money and to make the transition to life without them easier for their loved ones.

There are many ways that you can plan your estate to avoid probate. One of those is by holding property in joint tenancy with others, such as a spouse or child.

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