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
351-year-old Will Causes Dispute The Associated Press recently ran an article by Rodrique Ngowi about a charitable trust fight in Massachusetts. It seems that a gentleman in the 17th Century donated his property for the benefit of local schoolchildren. Homes were built on the property and the rents, generally, went to local schools. This appears to have worked well for 351… Read More
Drafting a Will: Rocket Lawyer Podcast interviews Daniel Printz San Diego-based estate planning lawyer Daniel Printz tells us the myriad of things to be aware of when drawing up a Will, especially in the areas of child guardianship and business succession. … Read More
The Real Story of Tony Curtis’ Last Will and Testament To an estate planning attorney what is astonishing is not that Tony Curtis disinherited his children, which frankly happens often enough not to produce comment, but that he did so publicly when he could have easily done it privately. … 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
Estate Planning Checklist Estate Planning begins with the following steps: 1. List your Assets: Make a list of everything you own, including all bank accounts, investments, real estate, insurance policies, and any other valuable items of personal property. Split the list into assets with named beneficiaries (such as insurance policies and retirement plans), jointly held assets, and assets… Read More
What property does my Will cover? Your Will controls the distribution of your real and personal property on your death. This includes your home, land, mineral rights, and any other form of real property, as well as your cash equivalent assets: stocks, bonds, CDs, and mutual funds not held in a retirement account. But the easist way to determine what property… Read More
Estate Planning for New Parents Congratulations on your new family! You are in the midst of an exciting adventure, but it’s an adventure with real-life concerns. Among them – how best to protect your children should something happen to you? In my practice, I try to patiently walk clients through the maze of choices they need to make as responsible… Read More
Does Incapacity Confusion have you Incapacitated? Yesterday at the San Diego Parent Connection Swap Meet, a woman asked me about setting up a Durable Power of Attorney for Property Management for her elderly father. He already has a Living Will (he lives in Hawaii). Which brings me to today’s subject: As a senior, what documents do I need to prepare in… Read More
Letter of Last Instructions Here’s a good idea: Give guidance to your heirs, expected personal representative (executor or trustee) and loved ones by creating a Letter of Last Instructions. Tell your estate planning attorney, and proposed Excecutor or Trustee where it can be found, and leave it in that trusted place (safe deposit box or fire-proof safe – you… Read More