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Recent Posts in California Category

What qualifies as a “Small Estate” under California law?

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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What is the difference between lapse, ademption, and abatement? And why should I care?

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 ...
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What is decanting? Can I decant my irrevocable California Trust?

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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When a CA senior with a joint bank account dies, do the funds belong to the decedent's estate or the co-signer?

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 ...
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Can my Will leave a gift to someone on the condition that he or she get divorced?

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 ...
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California Supreme Court determines No-Contest Clause Unenforceable

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 ...
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I'm a Trustee? What happens if I don't send a §16061.7 notice?

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 ...
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I'm a Trustee. How may days before I have to send the §16061.7 notice?

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). ...
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What information must a §16061.7 notice contain?

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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What is a §16061.7 notice?

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 ...
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Where can I get a free copy of "Seniors and the Law"?

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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Stephens Law Group - Agoura Hills Estate Planning Attorney
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