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Many California residents include trusts in their estate plans because they give them greater control over how their estates will be administered and allow their assets to be distributed without first going through the probate process. Trusts are flexible estate...
If a California resident dies without a will, there are laws in place that determine who inherits their property. These individuals are known as "heirs-at-law." Identifying heirs-at-law is also important in determining who can challenge a will or another aspect of an...
Intentionally defective grantor trusts or IDGTs are used in estate planning to put a hold on specific assets. In effect, it freezes the assets for the purposes of estate tax, but the same does not apply to income tax. If you're working on your estate plan in...
California hospitals must consult with your next of kin if you become incapacitated or have an accident. The person the hospital contacts can make healthcare decisions since you cannot speak for yourself. However, hospitals must do this only if the state has a...
If you agreed to be the executor of someone’s estate you may be wondering how to carry out your duties in California. Executors have multiple duties, some of them quite challenging. This guide will help you understand your responsibilities. Locate the will The first...
If a person in California passes away and does not have their home in a trust, their assets must go through a legal process called probate. The heirs may want the house sold to access the proceeds for paying off debts and distributing the remainder. Probate homes may...
In some cases, only one executor isn't enough to handle the probate of your will after you pass away. There are benefits and drawbacks if you choose to go the co-executor route, so it's important to know what they are before you dive in. For anyone in California who...
Some people in California who are planning their estate might decide to use both a will and a revocable trust. These tools have different functions and ideally will complement one another, but there are also situations in which the instructions in each one conflicts...
Probate is the process through which a deceased person’s estate is administered and assets are disseminated among heirs. Unfortunately, things can go wrong during the California probate process. This includes claims of undue influence. Examples of undue influence In...
In California, financial abuse of the elderly is punishable by state and federal laws. California Welfare and Institutions Code section 15600 and other codes define financial abuse of an elderly or disabled individual and outline the consequences should a court find a...