A new development in probate law involves the use of transfer on death deeds for real property located in California. Other states have authorized the use of such deeds but it has only been available in California since January 1, 2016. Essentially, the deed works like any other transfer on…
Forbes magazine just asked this controversial question in a recent article. The answer is almost always yes with relatively few exceptions. In California, everyone has an estate plan. Either you’ve created one yourself with a Will or a Trust or the State of California has an estate plan for you.…
We are pleased to announce that long-time Probate Attorney Barbara G. Knox is joining the firm as Of Counsel. She will be working in our Palm Springs office assisting clients with Estate Planning, Probate, Conservatorship and Guardianship issues.
Estate taxes issues present headaches for the simplest estates. These potential issues are compounded when the decedent is a celebrity. In the wake of Prince’s untimely death, his estate attorneys will be tasked with the momentous task of valuing his name and likeness. Essentially, someone will set a monetary value…
It is common that a married couple in their late sixties creates an estate plan which names their child or children as Trustees and/or Agents. This is a great first step in setting up a plan that can help when the parents are no longer able to care for themselves…
A surprising number of families learn the painful lesson that divorce doesn’t fully resolve beneficial ownership issues with certain retirement accounts. Any plans governed under the Employee Retirement Income Security Act of 1974 (ERISA) must follow specific rules and provisions, which will override the provisions in a marital settlement agreement.…
On October 5, 2015, Governor Jerry Brown signed legislation allowing terminally ill patients in California the option to end their lives. The so-called Option to Die Act will not come into effect until sometime in 2016. California joins Oregon, Washington, Vermont, Montana and New Mexico as the only states where…
We frequently get calls from beneficiaries wanting to change the title to California vacation homes. They already have a probate process in another state and merely need help “transferring title.” However, transferring title to real property after the death of an owner is usually not a simple process. If there…
The U.S. House of Representatives voted earlier this month to repeal the Federal Estate Tax. Republicans have long voiced their opposition over this tax but a vote to repeal hasn’t occurred in over a decade. The measure passed with 240 in favor and only 179 opposed. The vote breakdown was…
Bankruptcy can disrupt your estate plan. We previously discussed here the problem bankruptcy creates if you have assets in joint tenancy with a bankruptcy debtor. However, bankruptcy can also effect your estate plan for your beneficiaries if certain precautions are not followed. A recent case, Frealy v. Reynolds, highlights this…