Recent Posts in California Category
Posted on May 12, 2023 By James D. Stephens, Esq.
What qualifies as a “Small Estate” under California law? Under California law, an estate valued at $188,400 or less (for deaths on or after April 1, 2022) qualifies as a “small ...
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Posted on Apr 28, 2023 By James D. Stephens
In estate planning and inheritance law, some important concepts can change who inherits what from you. Lapse, ademption, and exoneration all relate to the distribution of assets after a person’s ...
Continue reading "What is the difference between lapse, ademption, and abatement? And why should I care?" »
Posted on Jan 10, 2022 By James D. Stephens
Decanting an irrevocable trust ? California’s trust decanting statute allows for the transfer of trust assets from one trust to another. This process, known as “decanting” (think of ...
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Posted on Oct 27, 2017 By Stephens Law Group
California courts have long grappled with this issue -- when a California senior dies with joint bank account, who does the money belong to? Is it the decedent's estate, or the surviving joint ...
Continue reading "When a CA senior with a joint bank account dies, do the funds belong to the decedent's estate or the co-signer?" »
Posted on May 25, 2016 By Stephens Law Group
In California, probably not. It's fairly common for a person to want to leave an inheritance to someone, "but not if he or she is still married to that monster." A gift conditioned on ...
Continue reading "Can my Will leave a gift to someone on the condition that he or she get divorced?" »
Posted on Jan 31, 2014 By Stephens Law Group
In its most recent ruling about wills and trusts, the California Supreme Court in Donkin v. Donkin (December 26, 2013) ruled that a challenge to a Trust does not trigger the Trust's ...
Continue reading "California Supreme Court determines No-Contest Clause Unenforceable" »
Posted on Dec 9, 2013 By Stephens Law Group
If the Trustee of a California Trust fails to send the required Notification by Trustee (also called a California Probate Code §16061.7 Notice ), or fails to properly serve the Notice on its ...
Continue reading "I'm a Trustee? What happens if I don't send a §16061.7 notice?" »
Posted on Dec 6, 2013 By Stephens Law Group
In most cases, California Probate Code §16061.7 requires that the Trustee send the Notification by Trustee within 60 days of the triggering event (usually the death of the Trust's Settlor). The ...
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Posted on Dec 4, 2013 By Stephens Law Group
When the Trustee of a Trust is required to send a §16061.7 Notice (also called " Notification by Trustee "), according to California Probate Code §16061.7(g), it must include 5 ...
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Posted on Nov 27, 2013 By Stephens Law Group
Under Section 16061.7 of the California Probate Code, certain Trustees are required to send a legal notice to the Trust's beneficiaries and other interested parties. In estate planning law, this is ...
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Posted on Nov 14, 2013 By Stephens Law Group
Another good question from many of our California clients; and here's the answer: http://www.calbar.ca.gov/Public/Pamphlets/Seniors.aspx Seniors & the Law — A Guide for Maturing ...
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