If I had a dollar for every time someone asked this question when creating an estate plan… well, you get the point. There’s a common belief that if you want to disinherit an heir, say an adult child, that you should leave them $1 and nothing more in your will or...
Estate plans usually concern who will get what, like money, jewelry, the house, and family heirlooms after a person dies. Little thought, though, is given to what will happen to debts when they die and what happens to a mortgage after you pass away? Many people expect...
As a single parent, it is critically important to have a comprehensive estate plan that protects your child(ren). Obviously, being the sole or primary caregiver doesn’t leave you with much time on your hands. However, putting some time aside to meet with an...
Dealing with outstanding financial affairs after the loss of a loved one can be extremely difficult. Our probate attorneys often hear from clients who would rather do anything else than think about money after their loved one’s passing. Unfortunately, death comes with...
Wondering if you should leave a life insurance policy outright to a spouse? Naming a legal beneficiary is necessary for life insurance, annuities, qualified retirement plans, individual retirement accounts, and some bank accounts. Ideally, these assets will be paid...
Estate planning isn’t just for older people, couples with children, or individuals with a lot of financial wealth. Single people, young adults, and those with a modest income can also benefit from estate planning. As an Irvine will and trust lawyer, I believe...
A Special Needs Trust (also called a Supplemental Needs Trust) is a legal document that holds assets for a person with disabilities, while also providing legal authority for a trustee to manage money and make financial decisions on behalf of the individual with...
When creating an estate plan with the help of an estate planning lawyer in Orange County, you’ll be asked to choose the beneficiaries whom you want to inherit your money and property when you pass away. In most cases, our clients tell us that ultimately they want...
On December 20, 2019, President Trump signed into law the SECURE Act (Setting Every Community Up for Retirement Enhancement), which was included in a last-minute appropriations bill designed to avert a government shutdown before the end of the year. The new law will...
A trustee is legally required to administer a trust solely in the interests of the beneficiaries. So, what can you do as the beneficiary if you feel the trustee has breached his or her fiduciary duty? As an Irvine estate attorney, I would like to share some remedies...
As 2019 draws to a close, it may be time to take a fresh look at your financial and legal documents to ensure that your affairs are in order and that you are ending the year on a solid foundation before the estate planning year-end. This is especially important if...
Whenever the time comes for an estate to be settled, many beneficiaries find themselves wondering how long the process is going to take. Orange County probate attorneys often tell clients that settling an estate through probate can take anywhere from eighteen months...
We often get asked this question: “wouldn’t this just be an easier way to avoid probate?” The reality is that is, of course, an option. However, there are many pitfalls (we detail 7 here) with that approach that get overlooked or are unknown. Watch...
When planning their estates, most people focus on major assets, such as business interests, real estate, investments and retirement plans. But it’s also important to “sweat the small stuff” — tangible personal property. Examples include automobiles, jewelry, clothing,...
Research tells us that the majority of Americans today still do not have estate planning in place and only a third of parents have properly named legal guardians for their minor children. That’s problematic because life happens to all of us and gives none of us...