Posted on March 23, 2015 by CEB
As part of CEB’s commitment to bringing together California’s legal community, here’s a short interview with one of your fellow attorneys, Agnieszka Adams:
CEB: What is your practice area and how did you choose it?
Agnieszka: I practice exclusively in the area of trusts and estates. My practice includes estate planning, probate, and trust administration. Our firm doesn’t, however, represent clients in trust and estate litigation matters. My interest in this field started in law school. I chose a tax concentration while at UC Hastings (I knew I wasn’t going to be a litigator). When I began practice, I was fortunate to work at a full service law firm where I was given the opportunity to explore various practice groups. I quickly realized that trusts and estates was the area in which I wanted to specialize.
CEB: What do you like best and least about practicing law? Continue reading
Filed under: Estate Planning, Legal Topics, Profiles | Tagged: Estate Planning, probate, trust administration | 1 Comment »
Posted on March 18, 2015 by Julie Brook, Esq.
When you’re a fiduciary under California’s Probate Code, such as a guardian or conservator, you’ll be required to prepare some type of fiduciary accounting for the court. You’ll probably hire an accountant to crunch the numbers, but ultimately you’re the one responsible for its contents, and you should know the common mistakes and problems that arise in fiduciary accountings. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, Videos | Tagged: accountants, conservators, CPAs, fiduciaries, fiduciary accounting, guardians | 1 Comment »
Posted on March 13, 2015 by Julie Brook, Esq.
When you’re preparing a will or trust for someone for whom capacity might later be raised as an issue, you have a potentially powerful tool that can help avoid later disputes: video. There’s nothing like a judge seeing a competent person discussing the disposition of his or her estate to knock the wind out of claims of incapacity. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: Estate Planning, incapacity, incompetence, settlor, testator, undue influence, video recording, will contest, will dispute, wills and trusts | 1 Comment »
Posted on January 23, 2015 by Robert Denham, Esq
Many are familiar with section 529 college savings accounts, from which tax-free distributions must be used for qualified higher education expenses. The “Achieving a Better Life Experience Act of 2014” or the “ABLE Act of 2014” adds a similar account under IRC §529A that individuals who become severely disabled before age 26 may establish to use for “qualified disability expenses,” which can include education, housing, and transportation. Continue reading
Filed under: Estate Planning, Legal Topics, Tax Law | Tagged: 529A Accounts, ABLE accounts, ABLE Act, Achieving a Better Life Experience Act of 2014, disabled, qualified disability expenses, tax legislation | Leave a comment »
Posted on January 9, 2015 by Robert Denham, Esq
The law requiring notice of incarcerated heirs has just been extended to beneficiaries, too. Practitioners have long recommended giving notice of at least those incarcerated beneficiaries who might take property by intestate succession. But now it’s the law.
Filed under: Criminal Law, Estate Planning | Tagged: California Victim Compensation and Government Claims Board, incarcerated beneficiaries, incarcerated heirs, trustees | 1 Comment »
Posted on December 17, 2014 by Karen Turk, Esq.
Estate planning attorneys regularly advise their clients about the tax and other advantages of transferring real property to irrevocable trusts or similar estate planning vehicles. But they may not consider the potentially disastrous title insurance implications of such transfers. The original property owners may have had coverage under their policy, but—depending on the type of policy—once the property is transferred to the estate planning entity, the entity (i.e. trustee of the trust) isn’t the “insured” anymore and coverage could be lost. Continue reading
Filed under: Estate Planning, Legal Topics, Real Property Law | Tagged: estate planning entity, estate plans, named insured, property transfer, title insurance, title insurance coverage | 2 Comments »
Posted on September 8, 2014 by Robert Denham, Esq
From the former capital of the Confederacy in Richmond, Virginia, comes the spark for a Supreme Court decision that could extend same-sex marriage to all fifty states within a year. Continue reading
Filed under: Constitutional Law, Estate Planning, Family Law, Legal Topics, New Legal Developments | Tagged: same-sex marriage, same-sex marriage ban, Supreme Court | 1 Comment »