Recent Posts in law 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 Jul 27, 2020 By Stephens Law Group
Short answer : No. Long answer : You may create an unfunded Trust for your kids at any time, with or without your spouse's knowledge. Note the word " unfunded ". When a CA resident files ...
Continue reading "I am getting divorced. Can I set up a Trust for my kids without my spouse's knowledge?" »
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 17, 2014 By Stephens Law Group
No. Only a decedent's Will may be lodged with the Superior Court ( California Probate Code §8200 ). If you're still alive, the court will reject the document for filing. You're better ...
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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 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 ...
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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" »