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 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
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 »
Posted on March 9, 2016 by Julie Brook, Esq.
When drafting a revocable trust, your clients may be very keen to include a particular niece or cousin, but then have a change of heart years later and want to write them out. As long as the trust allows it, you can simply amend the trust for them instead of revoking it and starting fresh. Here’s how. Continue reading
Filed under: Estate Planning, Legal Topics | Tagged: amending a trust, changing trust beneficiary, living trust, restating a trust, revocable trust, wills and trusts | 4 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 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 October 7, 2013 by Robert Denham, Esq
Estate planners are taking a second look at portability—the use of a deceased spouse’s lifetime exclusion by the surviving spouse—now that the law on this subject has been made permanent. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, Tax Law | Tagged: bypass trust, death tax, deceased spouse, Estate Planning, estate tax, lifetime exclusion, marital deducation, portability, wills and trusts | 6 Comments »