Category Archives: Estate Planning
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California Probate vs. Trust Administration: What’s [...]
To ensure your family is taken care of when you are no longer around, it is important to take into consideration how you will plan for your estate. People are often trying to figure out the difference between a California probate vs. trust administration. Estate planning includes a lot of different factors, many of which can…
What Are the Rules on Probate [...]
The topic of probate and distribution of assets after a loved one’s passing can be difficult enough to process emotionally, often requiring an experienced attorney to assist. No one needs to spend their grieving process wondering, “What are the rules on probate in California?” Getting through the probate process is easier with a general understanding of…
Does a Living Will Avoid Probation [...]
Law professionals qualified in estate planning often hear clients ask, “Does a living will avoid probate in California?” and other similar questions. This area of estate planning can be somewhat challenging to understand at times. Don’t hesitate to consult an experienced Carlsbad estate planning law firm with any questions or legal counsel you need regarding your…
What Assets Are Exempt From Probate [...]
Assets exempt from probate in California include those held in a trust, life insurance policies with a designated beneficiary, payable-on-death accounts, and retirement accounts with a named beneficiary. Additionally, properties owned with a right to survivorship are also exempt from probate. Probate is the legal process of settling the estate of a deceased person. It can…
How Much Does an Estate Have [...]
In California, an estate is generally required to go through probate if its value is less than $166,250. This threshold can be avoided if the will is clear, the estate's value is below this amount, and beneficiaries agree on asset distribution. The total value of an estate includes both real and personal property, as well as…
Crucial Estate Planning Documents You Should [...]
The first step in constructing an estate plan is knowing what every estate plan should have, and the ideal way to start is by speaking to an experienced California estate planning attorney. After crafting yours, updating your estate plan every five years or when a significant life event occurs is essential in order to keep it…
Should You Let Your Family Go [...]
Avoiding probate is always preferred, and if you can keep your estate from having to go through probate, you should. However, there are instances in California when you can't avoid it. There are several reasons why you wouldn't want your family to have to deal with probate and what may cause them to have to. Disadvantages…
Elder Care Mistakes to Avoid When [...]
When you are caring for and assisting an aging parent, there are several legal and living concerns to handle. Unfortunately, many common mistakes lead to faulty decisions and even legal difficulties. Caring for elderly loved ones is a serious responsibility. It is important to balance caring for yourself, caring for your parents, and knowing when to…
How Divorce Affects Estate Planning in [...]
In California, a finalized divorce typically revokes aspects of an estate plan that grant power or property to a former spouse, such as gifts in a will or appointments as executor. While wills are not terminated, gifts to an ex-spouse are usually revoked and the property would go to an alternate beneficiary. Any powers of attorney…
How Do Trusts Work in California?
Estate planning can feel like a monumental task, but it is a crucial one. Some people aren’t sure where to start or what is needed given their financial and familial situations. If you have a fair number of assets and have specific instructions on how you’d like those assets dispersed after your death, establishing a trust…
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