Drafting Flexibility into the Living Trust.
Life
is not static and neither should be anyone’s living trust. Adjustments have to
be made when compelling circumstances arise which necessitate alternative
approaches. For that reason a well drafted
living trust should provide contingency planning ...
Read More posted by: on: May 14, 2012 @ 12:01
Flexibility with Limitations: An Approach to control over community property.
Married
persons, and registered domestic partners, need to consider how much control
they want to allow one another - acting alone - over their community property
assets. This is important when creating
their powers of attorney, wills and joint trust...
Read More posted by: on: Apr 30, 2012 @ 03:21
The Omitted Spouse.
California
law protects a surviving spouse when the deceased spouse’s last will or trust,
executed prior to marriage, fails to provide for the surviving spouse. California’s policy is to protect a surviving
spouse against accidental disinheritance und...
Read More posted by: on: Apr 16, 2012 @ 01:28
To Probate or Not to Probate, that is the Question.
California
law grants a surviving spouse special rights and obligations concerning the
probate estate and personal debts of a deceased spouse. These are governed by community property
laws. The same rules apply to California
registered domestic partners.
Community
and Quas...
Read More posted by: on: Apr 02, 2012 @ 12:18
How a Settlor’s Capacity Affects the Rights of Beneficiaries.
An elderly person’s mental capacity to make
decisions affecting the management, investment and disposition at death of his
trust estate is often disputed in lawsuits over alleged wrongs done to the
elderly person and/or his family. Such
lawsuit...
Read More posted by: on: Mar 19, 2012 @ 02:52
When intended beneficiaries die too soon.
Assumptions
people make about who will receive an inheritance share from their estate can
sometimes fall far off the mark.
Peculiar results may occur when an intended beneficiary survives just long
enough to inherit but not so lo...
Read More posted by: on: Mar 05, 2012 @ 01:00
The Advantages of a Stand-alone Special Needs Trust
Most people who have heard about special needs trusts are familiar only about the Testamentary Special Needs Trust (hereafter Testamentary SNTs). Testamentary trusts are established at the death of the person establishing the trust pursuan...
Read More posted by: on: Feb 21, 2012 @ 02:15
Putting it all together.
Understanding the importance of the team work that is involved in managing one’s financial, legal, property and health care affairs is important. Hypothetically speaking, let us consider a husband and wife whose estate plan involves a revocable living trust, powers of attorney, and health ca...
Read More posted by: on: Feb 05, 2012 @ 08:59
Considerations in Estate Planning.
Getting one’s affairs in order is important to you and your loved ones at multiple levels. First, a comprehensive, well drafted estate plan may afford you protection against an otherwise avoidable conservatorship of your own estate; agains...
Read More posted by: on: Jan 23, 2012 @ 10:49
Giving Effect to a Settlor’s True Intentions.
A cardinal rule of trust administration is that the intentions of the settlor(s) - the person(s) who created the trust - are to be given effect. A second cardinal rule is that a trust must be strictly administered according to its stated t...
Read More posted by: on: Jan 22, 2012 @ 05:55
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