You've heard it said that we can't "take it with us" when we pass away. This means we'll likely leave behind lots of documents, financial obligations, or possessions for loved ones to take care of when we die. When you assign someone in your family to take care of...
Bay Area Estate And Tax Planning Law Firm
Probate And Estate Administration
Probate and estate administration in California
When someone passes away, concerns arise about handling their estate. Hopefully, the individual informed a personal representative that a last will and testament exists. Writing and signing a legal will is part of the estate and probate equation as the document must...
When is a formal probate needed for an estate?
There are a few occasions where a California estate will need to automatically go through a formal probate process. Even if an estate plan doesn't automatically go through probate, there are still reasons where you can send an estate to probate. When does an estate...
US Supreme Court decision could impact estate planning
The Supreme Court’s decision in Clark V. Rameker holding that inherited IRA funds are not exempt in bankruptcy could impact estate planning decisions. In June 2014, the U.S. Supreme Court issued a decision in Clark V. Rameker, a case dealing with whether funds in an...
An introduction to the responsibilities of California trustees
On behalf of Connie Yi Legal duties of trustees are complex. A trust is a legal entity created to hold and preserve assets for the benefit of designated beneficiaries. The creator of a trust, called the settlor, appoints a trustee to administer and manage the trust...
How is debt handled in the probate process?
What happens in California to a loved one’s debt in the wake of his or her passing?That is a question often posed to estate planning attorneys, and a query that just as often naturally leads to a spotlighting of the probate process. Narrowly termed, probate is...
Are surviving spouses/heirs on the hook for a decedent’s debts?
Even the estate of a deceased planner who executed a will goes through the process known as probate.A key focus of probate is the one entertained by the creditors of an individual who has passed away. A recent national article on the process notes that creditors avail...
What factors centrally drive probate litigation in California?
“Standard and uncontested.”That is one online article’s assessment of how probate in California and elsewhere generally works. That overview’s take on probate stresses that the process for finally settling a decedent’s estate in court is...
Changing a will not enough to avoid probate in California
When you consider how many people with significant estates die each year in California without a will, you may think you are well ahead of the curve just by having a will in place. In the grand scheme of things, this is true. You certainly are better off having a will...
How to choose the right trustee the first time
There is more to creating a trust than meets the eye. In addition to adding assets to the trust, there's something else you need to think about: finding the right person to serve as trustee.While this sounds as simple as naming a trustee and moving on with the rest of...
