Category Archives: Trusts, Wills and Probate

The Future of the Federal Estate Tax

By | October 6, 2010

As of February of 2010, the United States enjoyed more than a month of complete repeal of the federal estate tax.  Before its repeal, the federal estate tax was almost as old as the U.S. income tax which required the 16th Amendment to the U.S. Constitution to adopt. The 2010 repeal of the federal estate tax was originally… Read More »

Asset Protection with Estate Planning

By | September 20, 2010

What’s the single hottest topic in California estate planning?  Here in Sacramento foreclosures are a popular topic but not so much for people with assets.  Estate tax law changes are always in vogue for people with money.  However, the number one hottest topic, the numero uno point of concern, the biggest area of questions is in the area… Read More »

You Signed Your Revocable Trust, But Did You Fund It?

By | September 15, 2010

A properly funded trust will avoid probate upon your death and provide management of your assets without court involvement should you become disabled or incapacitated.  Although your Last Will and Testament may provide that all assets spill over into your trust for further disposition, that occurs only after they pass through probate. Assets under the trust umbrella need… Read More »

How to Set Up a Special Needs Trust

By | September 14, 2010

Any trust, in effect, is a written agreement between the grantor and the trustee on how the trustee will manage funds contributed by the grantor on behalf of the beneficiary. A special needs trust adds complications to this arrangement because the beneficiary often cannot guide the trustee on her needs and the trustee may have to be careful… Read More »

Estate Planning without proper Asset Ownership is Disastrous

By | December 9, 2009

Every taxpayer has an estate tax exemption, which allows you to “shield” assets from the federal estate taxation. This federal estate tax exemption can be used to transfer assets to your beneficiaries, whether outright or in trust. Bequests to your spouse however are generally not subject to estate tax. The federal estate tax exemption amount (before taxation commences… Read More »

Can I simply rely on an oral will?

By | May 13, 2008

Oral wills, or nuncupative wills, are permitted in many states under limited circumstances. However, a form of guidelines should be utilized if you are planning on making an oral will to be assured that it will be honored.

Why (and when) could I utilize a codicil to my will?

By | May 13, 2008

At times, circumstances in our lives may change. This can be due to a remarriage, birth, death, divorce, change of address, change of executor or guardian, or other situations where our present will may not cover everything that we now believe it should, but for the most part, it is still factual. We may have acquired additional assets… Read More »

When do I need a will, and what are the dangers of not having one?

By | May 13, 2008

Theoretically, anyone with assets should have a will. A person without a will is said to have died intestate. When someone dies intestate, his or her assets generally pass as follows:

Should I have a living will?

By | May 13, 2008

The question of a living will is becoming more and more popular as time goes on. Years ago the idea of designating someone to make such a personal decision regarding your life was unthinkable. Decisions were simply made by doctors and family members as to the best course of action without regard to what the patient might wish,… Read More »

A Simple, Inexpensive way to Create your Will

By | May 12, 2008

Are you one of the nearly two-thirds of Americans who doesn’t have a Will? If cost or inconvenience has prevented you from composing your Will, you can stop putting off the inevitable today. Although in the past people primarily relied on attorneys to create their Wills, today you can compose your own completely legal Will quickly and easily… Read More »