What do I do if my loved one dies at home? Tonight one of my clients is close to death, at home with hospice oversight and 24-hour care, and her daughter is feeling the stress of the unknown. What will she have to do when the time comes? Here are the immediate steps one might have to take if a loved one dies at home. … Read More
What is the difference between a will, a living will and a living trust? You should have at least a will, advance health care directive, and durable power of attorney. If your estate is over $150,000 you should consider a trust.… Read More
Six Claims by Trust Lawyers You Want to Avoid Deciding whether to purchase a living trust is difficult. You want to protect your assets for your beneficiaries. In evaluating attorneys or trust companies, try to stick to the facts and be wary of exaggerated claims about their products. You want to be able to trust your lawyer, and know that they aren’t trying to… Read More
When Can Gay Couples Marry in California? This morning the U. S. Supreme Court ducked the question of whether same-sex couples have a right to civil marriage under the U. S. Constitution. However, it did so in a way that will uphold a decision by a California District Court that the ban on same-sex marriage under Proposition 8 is unconstitutional. So… can gays… Read More
What Should I Do Before Filing For Divorce? What should I do before I file for divorce? What estate planning changes should I make? Can I revoke our family trust? Do I need permission from my wife to change beneficiaries? Can I make a new will without my husband? These are questions I hear from clients referred to me by family law… Read More
Which takes precedence, a will or a trust? The trust document covers only things that are put into the trust. The will covers anything that is not in trust, and not in a designated-beneficiary account like life insurance or retirement accounts.… Read More
Living Estate A Living Estate is what we own while we are alive. All of those things that go into your financial junk drawer: your cash, real property, vehicles, jewelery, 401K accounts, etc., are part of your living estate.… Read More
Why Get a Will? Sometimes people ask me, “Why should I get a will?” Here are some answers to common questions about that most basic estate planning document, the last will and testament.… Read More
Can I Inherit My Partner’s Property if I’m Not in the Will? It’s very important that non-married persons, either same-sex or opposite-sex couples, do basic estate planning! Here is a question recently posed by someone who was promised the world but left with nothing, along with my answer: Question: If I share a home with my partner for over 20 years, and helped pay for upkeep and… Read More
How do I protect a child from my first marriage when doing second marriage estate planning? Let’s say wife (W) has a child from a previous marriage, and the marries husband (H). W and H want to create a new living trust. This situation is quite common these days, with multiple marriages and blended families. Luckily there are ways to address the competing interests of the spouses. We will establish either… Read More
