Recent Posts in Estate Planning Category
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 Feb 5, 2019 By Stephens Law Group
This common #EstatePlanningMistake is another example of why we encourage our clients to make their passwords accessible (digitally, or on real paper) to the Executor of their Will, or the Trustee of ...
Continue reading "Does This $190 Million Cryptocurrency Mistake Make You Cringe?" »
Posted on Aug 23, 2018 By Stephens Law Group
[7/11/2023 UPDATE] No. According to a Michigan Jury, a handwritten note found in the singer's couch is actually a valid Will. See the AP News article here: ...
Continue reading "Is it true that Aretha Franklin died without a Will?" »
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 Nov 19, 2013 By Stephens Law Group
A good question. And the answer is quite simple. As used in estate planning law, the terms " Settlor ", " Trustor " and " Trustmaker " are all interchangeable. They all ...
Continue reading "What's the difference between a Settlor, Trustor, and Trustmaker?" »
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 ...
Continue reading "Where can I get a free copy of "Seniors and the Law"?" »
Posted on Nov 11, 2013 By Stephens Law Group
A " Pour-over Will " is one that leaves your otherwise probatable assets to your Trust. But rarely will you see the words "Pour" or "Over" in the title of your Pour-Over ...
Continue reading "Is my Will a "Pour-Over" Will?" »
Posted on Nov 1, 2013 By Stephens Law Group
We get this question a lot. And the California State Bar Foundation (one of our favorite providers of free, easy-to-read consumer guides on many legal subjects) does a good job providing the answer: ...
Continue reading "Do I need a Living Trust?" »
Posted on Oct 29, 2013 By Stephens Law Group
Your Trust is a private document. It usually contains confidential information about you, your family, and even the people you're disinheriting. You probably don't want the bank knowing who will ...
Continue reading "Do I have to give a copy of my Trust to the bank?" »
Posted on Oct 21, 2013 By Stephens Law Group
When attorneys talk about "funding a Trust", they're talking about the process of transfering assets to the Trust. A Trust (sometimes called a Family Trust, Living Trust, or Revocable Trust) ...
Continue reading "What does it mean to "fund" a Trust?" »
Posted on Oct 3, 2013 By Stephens Law Group
Okay, pop quiz. Which of the following is the best definition of a "Trust"? A legal entity that holds title to your assets; The fiduciary relationship between a Trustee (legal title) and a ...
Continue reading "What is a Trust?" »
Posted on Oct 1, 2013 By Stephens Law Group
When you think about it, estate planning is the process of making decisions now so that other people don't have to guess what you want done later (at your incapacity or death). A good estate plan, at ...
Continue reading "Do I Need Estate Planning?" »
Posted on Sep 17, 2013 By Stephens Law Group
Every good estate plan includes some type of medical Power of Attorney or Advance Directive. This document appoints a "health care agent" to make medical decisions for you if you become ...
Continue reading "Making End-of-life medical decisions in California" »
Posted on Sep 11, 2013 By Stephens Law Group
Do you need a California Will, but can't afford the legal fees? The California State Bar publishes a FREE, statutory Will that you can complete yourself. It can be found in California Probate Code ...
Continue reading "Free California Statutory Will" »
Posted on Sep 10, 2013 By Stephens Law Group
No joke -- these are the top 3 reasons parents tell us why they are choosing to disinherit a child: He/she never writes or calls. He/she married a monster. He/she never paid back our personal loan. Oh ...
Continue reading "Top 3 Reasons Parents Disinherit Children" »