Posted on February 22, 2017 by Khanh Tran
As a graduation present, your client purchases her son a home. Although the plan was for the son to live there alone, the client and her son take title as joint tenants. Years later, your client remarries and asks you to convey her interest in the house to her new husband’s children on her death. What do you do? Whatever instrument you choose, be sure to sever the joint tenancy! Continue reading
Filed under: Real Property Law, Real Property Transactions | Tagged: Estate Planning, joint tenancy, joint tenants, real property, wills and trusts | 2 Comments »
Posted on September 18, 2015 by Robert Denham, Esq
Posted on August 14, 2015 by Robert Denham, Esq
The Probate Code says no, in most cases, but a recent court decision said yes. Here’s what happened in Sanders v Yanez (July 30, 2015, H041578) 2015 Cal App Lexis 662.
Filed under: Estate Planning, Legal Topics, New Legal Developments | Tagged: adopted children, adult adoptee, Estate Planning, inheritance, successor beneficiary, wills and trusts | 13 Comments »
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 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 July 30, 2014 by Robert Denham, Esq
The tragic death of actor Philip Seymour Hoffman has given us an opportunity to consider his estate planning, with lessons and strategies for the rest of us. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, Tax Law | Tagged: celebrity wills, death tax, Estate Planning, estate tax, generation skipping tax, living trust, Philip Seymour Hoffman, trust fund | 1 Comment »
Posted on July 16, 2014 by Robert Denham, Esq
The law says that retirement funds are exempt property in bankruptcy, but the Supreme Court has held that this exemption doesn’t apply to inherited IRAs. End of story? Not quite. Continue reading
Filed under: Bankruptcy Law, Business Law, Elder Law, Estate Planning | Tagged: bankruptcy, banruptcy exemptions, creditors, Estate Planning, heirs, Individual Retirement Account, inherited IRA, retirement accounts | 2 Comments »