Posted on May 1, 2017 by Robert Denham, Esq
Proposition 13 has allowed many homeowners and other property owners to perpetuate low historical assessments for years or generations using the interspousal exclusion and parent-child (or grandparent-grandchild) exclusion from a change in ownership at death. Rev & T C §§63, 63.1. These property tax opportunities are an important part of California estate planning, and life estates play an important role in making it work. Continue reading →
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Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: grandparent-grandchild exclusion, life estates, parent-child exclusion, Prop 13, property tax, Proposition 13, tax assessment, tax planning | Leave a comment »
Posted on March 29, 2017 by Julie Brook, Esq.
The purpose of a trust document is to convey information to its intended audience. But that audience is typically a very disparate group in terms of its education in general and its knowledge of trusts and taxes in particular. How can you write a trust that’s understandable to them all?
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Filed under: Estate Planning, Legal Topics, New Lawyers | Tagged: drafting trust documents, living trust, recovable trust | 1 Comment »
Posted on March 8, 2017 by Julie Brook, Esq.
It’s often a problem for transgender people that their government documents (e.g., driver’s license, Social Security record, passport) don’t match their name and gender. Having updated documents is important for employment, government benefits, and even safety. An incorrect document can “out” a transgender person at a dangerous moment. Here’s what you need to know about making name and gender marker changes. Continue reading →
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Filed under: Elder Law, Estate Planning, Legal Topics, New Legal Developments | Tagged: gender marker change, goverment documents, LGBT, LGBTQ, name change, public benefits, social security, transgender | Leave a comment »
Posted on March 3, 2017 by Robert Denham, Esq
California law gives residential borrowers various rights and remedies when it comes to foreclosure prevention alternatives against a mortgage servicer, mortgagee, trustee or beneficiary under a deed of trust, and authorized agent. But what happens after the borrower’s death? Continue reading →
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Filed under: Estate Planning, Legal Topics, New Legal Developments, Real Property Law | Tagged: deceased borrower, foreclosure, foreclosure prevention, residential borrower, successor in interest | 1 Comment »
Posted on January 6, 2017 by Robert Denham, Esq
How much is a fictitious brokerage account worth, and what happens when it loses value? The IRS and the Tax Court have struggled with issues arising from the Bernie Madoff scandal. The answer may depend on when (and how) you ask the question. Continue reading →
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Filed under: Estate Planning, Legal Topics, Tax Law | Tagged: estate tax, IRS, Madoff, tax court | Leave a comment »
Posted on October 26, 2016 by Robert Denham, Esq
So you have a money judgment, but the debtor dies before you can collect. Never mind. You still have a judgment lien on the debtor’s estate. Right? Continue reading →
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Filed under: Appeals/Post-Trial Matters, Business Law, Estate Planning, Legal Topics, Litigation Strategy, New Legal Developments | Tagged: creditor, death of debtor, debtor, debtor's estate, enforcing a judgment, judgment lien, money judgment, probate | 5 Comments »
Posted on September 12, 2016 by Robert Denham, Esq
State law changes enacted in 2010 have restricted the enforceability of no-contest clauses. Under Prob C §§21310–21311, a typical no-contest clause providing that an unsuccessful contestant gets nothing from an estate or trust is enforceable only against a “direct contest” brought without probable cause on specified grounds. And even if it is enforceable, a no-contest clause may not be an effective deterrent if the beneficiary thinks the amount at stake is outweighed by the benefit of a successful contest. Continue reading →
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Filed under: Estate Planning, Legal Topics | Tagged: beneficiaries, contesting a will, estate document drafting, heirs, no contest clause, will contest, will drafting, wills and trusts | 1 Comment »
Proposition 13 has allowed many homeowners and other property owners to perpetuate low historical assessments for years or generations using the interspousal exclusion and parent-child (or grandparent-grandchild) exclusion from a change in ownership at death. Rev & T C §§63, 63.1. These property tax opportunities are an important part of California estate planning, and life estates play an important role in making it work. Continue reading 
