Can we change our revocable trust without an attorney?

Here is a question posed recently on avvo.com.  My answer was chosen as “Best Answer” by the questioner. Question:  How can my parents change their revocable trust without an attorney?  My parents reside in Wisconsin and have a revocable trust with 3 of 8 children designated to administer the trust.  If they wish to delete… Read More

Why does my step-parent want to adopt me?

Here is a question posed to me recently, and the answer I provided: Question:  My mom passed away over 30 years ago and I have 1 sister and 1 brother and a half sister. My stepmom all of a sudden is in a hurry to adopt when we have lived with her over 30 years. Is there… Read More

Is a trust necessary if I only have the one child?

Today’s question and answer came from AVVO.Com.  The person, a single parent of one child, had set up her daughter as the Pay-On-Death beneficiary of her bank accounts.  Now she wanted to figure out a way of transferring her homes to the daughter without making a trust.  My advice to her follows. Q: if a… Read More

Registering an Advance Health Care Directive in California

Everyone should have an Advance Health Care Directive (AHCD) that designates an agent to act on your behalf if you are unable to make your own health care decisions. The agent can then consent to surgery on your behalf or “pull the plug” or keep you alive if you are in a persistent vegetative state.… Read More

Should my Will be Notarized?

Your California will should NOT be notarized. If it is a formal will it needs to be witnessed by at least two witnesses. Despite the fact that 60% of Americans don’t have a basic will, they are very useful documents!  In addition to dictating where your property is to go when you die, and nominating an… Read More

How to Adopt your Minor Stepchild

Working near USMC Camp Pendleton in San Diego County, I sometimes receive questions from military families.  Here’s one I got today: “My daughter has her biological father’s last name, but he isn’t on her birth certificate. He isn’t involved in her life. My husband wants to adopt her but we’re not sure what all we have… Read More

The Seven Components of Your California Estate Plan

This guide provides a list of the typical documents that make up a California estate plan. Costs for this plan vary from attorney to attorney, as well as on the complexity and size of the estate. 1. Revocable Living Trust A living trust, also known as a Revocable Living Trust or a Family Trust, is… Read More

Five Concerns of Estate Planning Clients

Listed are the top five concerns of the typical estate planning client. 1. Minor Children Parents of minor children want to make sure that responsible parties are prepared to step in and raise their children if they cannot. They will want to appoint a Guardian of the Person and a Guardian of the Estate, who… Read More

What is a ‘testamentary trust’?

A ‘testamentary trust’ is a will that directs the creation of a trust, either explicitly or because the terms of the will can’t be carried out immediately. In California, beneficiaries under a trust are entitled to annual accountings from the trustee (usually the executor of the will) unless the terms of the will stated otherwise.… Read More