An estate plan is an important part of one’s plan for the future. Many realize that they need the assistance of an experienced and qualified attorney to assist them in their efforts. Unfortunately, some folks will cut corners in their estate planning efforts in an effort to save a few bucks or because they think they are as smart as or smarter than their estate planning lawyer when it comes to drafting documents or both. Even with persons who were prudent enough to have their original plans … [Read more...]
Top 3 Reasons to Create a Living Trust
Although a Last Will and Testament remains the most common estate planning document, a living trust is not far behind in popularity. One reason living trusts are so commonly included in an estate plan is the flexible nature of a trust. The Sacramento living trust attorneys at the Northern California Center for Estate Planning & Elder Law discuss the top three reasons to create a living trust for your estate plan. What Is a Living Trust? The general concept behind a trust is rather simple. … [Read more...]
Do I Need an Estate Plan? I’m Not That Old
We are often asked by prospective clients: “Do I need an estate plan?” This is particularly the case for folks under 40 or 50, who just can’t imagine themselves dead or incapacitated. We are also often asked about planning by our clients who have adult children with assets and children of their own. As we all know, we can't and don’t know the future. Should a premature death or disability occur due to an unexpected injury or illness, having an appropriate plan in place will reduce needless … [Read more...]
An Update On ABLE Accounts
We have previously wrote about the long-awaited arrival in California of the so-called ABLE accounts. Formally, known as an Achieving a Better Life Experience (ABLE) account, they are a low-cost, easy-to-access plan established by federal law that began rolling out in 2016 and is now available in California. Modeled after the so-called “529 accounts”, an educational savings program offered by individual states, ABLE accounts let children or adults with disabilities incurred before age 26 … [Read more...]
How Can a Living Trust Help Me Protect My Non-Citizen Spouse?
If you are married, protecting your spouse financially in the event of your death or incapacity is no doubt a primary estate planning goal. If your spouse is not a U.S. citizen, protecting him/her becomes both more important and more difficult. In this blog, we explain how a living trust can help you protect your non-citizen spouse. The Changing Face of Marriage in America Just a generation or two ago it was relatively unusual for individuals from different backgrounds, much less different … [Read more...]
When Does a Living Trust Terminate?
Due in large part to the flexible nature of a living trust, it has become very popular to include at least one living trust in a comprehensive estate plan in recent years. As such, it is likely that you will find yourself involved with a living trust at some point in your life. You may also find yourself wondering when a living trust terminates. To help answer that question, we explain when and how a living trust terminates in California. What You Need to Know about Living Trusts It helps to … [Read more...]
You May Still Face Probate After Creating Your Living Trust
Many folks create living trusts to, among other reasons, avoid the high costs of a California probate proceeding. Regrettably, some may think they’re saving money even more with do-it-yourself kits, Internet trusts, or by working with a paralegal or a general practitioner. If you go those routes, you increase your chances that your living trust may not avoid probate. Even with a high quality trust, failing to follow through with the “funding” process could trigger a probate. Why Won’t my … [Read more...]
Living Trust Benefits
As you move through the various stages of your life, your estate plan will likely need to grow and expand in order to meet your changing needs. As such, you will undoubtedly make use of a variety of estate planning tools and strategies in your growing estate plan. One of the most popular additions to a comprehensive estate plan is a living trust. Understanding some of the common living trust benefits can help you decide if a living trust is right for your estate plan. What Is a Living … [Read more...]
Do I Need A Separate Tax ID Number For My Trust?
A common question we get from clients is: What is the Tax ID number for my trust? The question is often prompted when our clients attempt to open an account under the name of their trust. For most of our clients, the type of trust we create is known as a grantor trust which is amendable and revocable. These are commonly referred to as “living trusts”. You can determine whether you have such a trust by reading Article One of your trust document. In such cases, the Tax ID number for the … [Read more...]
KEEPING YOUR IMPORTANT DOCUMENTS SAFE FROM A DISASTER
The recent horrific firestorms suffered by our neighbors in nearby Paradise and the fires in the Wine Country not long ago have touched us all. To help them with their recovery, there are several organizations providing much needed assistance. They can all use our helping hand. See our Charity list in this newsletter for more information. Natural disasters are part of life, from hurricanes and floods to earthquakes and tornadoes. For us Northern Californians, the forecast is for more … [Read more...]
