Recent Posts in Inheritance 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 ...
Continue reading "What qualifies as a “Small Estate” under California law?" »
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 May 9, 2014 By Stephens Law Group, P.C.
Yes. According to her attorney, Mickey Rooney's widow just filed a contest of her late husband's Will, in the probate department of the Los Angeles Superior Court. The complete story can be ...
Continue reading "Did Mickey Rooney's widow really contest her late husband's Will?" »
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 Jan 3, 2014 By Stephens Law Group
The untimely deaths of some celebrities ( Paul Walker, James Gandolfini and Cory Monteith, to name a few) in 2013 underscore the need to create your estate plan now. So is one of your 2014 resolutions ...
Continue reading "Do your New Year's resolutions include estate planning?" »
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). ...
Continue reading "I'm a Trustee. How may days before I have to send the §16061.7 notice?" »
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 ...
Continue reading "What is a §16061.7 notice?" »
Posted on Nov 4, 2013 By Stephens Law Group
The IRS recently released its new Form 706, U.S. Estate Tax Return, here: http://www.irs.gov/pub/irs-pdf/f706.pdf Thanks to the American Taxpayer Relief Act of 2012 (ATRA), and its new $5.25 million ...
Continue reading ""Portability" - what's that got to do with the new 2013 IRS Estate Tax Return?" »
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 14, 2013 By Stephens Law Group
Can the County Assessor reassess our property taxes, if all we did is change a joint tenancy to a tenancy-in-common? The short answer? Yes (according to at least one California court). The ...
Continue reading "Can the County reassess my property taxes like that?" »
Posted on Sep 25, 2013 By Stephens Law Group
In California, probate court cases last about 1 year. But it's not unusual for it to take longer. Here's why: In most counties, it takes 4 to 8 weeks before the court will hear a Petition for ...
Continue reading "How long should a California probate case take?" »
Posted on Sep 24, 2013 By Stephens Law Group
You may have heard that Probate Court in California costs a bundle, but is it really that much? The short answer is: probably. Under California Law (CA Probate Code §§10800-10810 to be ...
Continue reading "Probate court costs how much?" »
Posted on Sep 16, 2013 By Stephens Law Group
Do you want your heirs to get along? An estate plan works best when every beneficiary knows in advance who'll inherit what, and why. It's important to tell your heirs, especially your adult ...
Continue reading "Want your heirs to get along? Talk to them." »
Posted on Sep 13, 2013 By Stephens Law Group
Are you looking for lost money? Believe it or not, you could be one of millions of Californians who is owed money by the State. The California State Controller's Office acquires hundreds of ...
Continue reading "Eureka! California's Unclaimed Property Law" »
Posted on Sep 12, 2013 By Stephens Law Group
WASHINGTON — In response to the June 26 th #SCOTUS decision invalidating a key provision of the 1996 Defense of Marriage Act, two weeks ago the U.S. Department of the Treasury and the Internal ...
Continue reading "Major IRS Ruling on Estate Tax and Legal, Same-sex Marriages" »
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" »