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What is the difference between a “Conservator” and a “Guardian”?

February 8, 2019 by Timothy P. Murphy Leave a Comment

In California, a “conservator of the person” is the individual who makes general welfare, health care, educational, and life-style decisions for an incapacitated adult.  An adult may become incapacitated due to dementia, disease, or disorder.  In some other states, this person is called a guardian.  However, as noted below, in California, a guardian is the person appointed in connection with a minor (under 18) child. Examples of decisions would be where someone lives and what medical … [Read more...]

Filed Under: Incapacity Planning, Living Wills, Parents of Minor Children, Powers of Attorney, Trusts Tagged With: Avoiding Living Probate, Disability Trustees, Estate Planning for Parents of Minor Children, Guardian of the Estate, Guardians for Minor Children, Powers of Attorney

QTIP Trust Requirements

February 4, 2019 by Timothy P. Murphy

QTIP trust requirements

Creating a successful estate plan often requires you to make use of a wide range of inter-related estate planning tools and documents. Moreover, as your estate and your family grow, your estate plan will likely need to grow as well. If you divorce and remarry, for example, you may now need to protect both your new spouse and your children from your previous marriage. One popular way to do that is to make use of a specialized type of trust known as a Qualified Terminable Interest Property, or … [Read more...]

Filed Under: Trusts

13 Disturbing Estate Planning Problems

January 31, 2019 by Timothy P. Murphy Leave a Comment

Each of these 13 disturbing estate planning facts is true; but, each situation can be avoided with a strong, individualized, comprehensive, and up-to-date estate plan. If you don’t name a guardian in your will, your minor children could end up with persons you either don't like or don't know. If you don’t provide for your pet in your estate plan, your pet may be euthanized when you die. If you put assets in joint tenancy with a second spouse, your children may be disinherited. If … [Read more...]

Filed Under: Asset Protection Planning, Blended Families, Estate Planning, Joint Owenership Perils, Long Term Care Planning, Medi-Cal, Parents of Minor Children, Pets, Powers of Attorney, Retirement Planning, Revocable Living Trust, Special Needs Planning, Tax Avoidance, Trustees, Trusts, Veterans Benefits, Wills Tagged With: Asset Protection, Bloodline Protection, Estate Planning, Estate Planning and Alcoholism, Guardians for Minor Children, Pet Planning, Remarriage Protection, Special Needs Planning, Unintentional Disinheritance of Children

Differences Between a “Conservator” and a “Guardian”

January 19, 2019 by Timothy P. Murphy Leave a Comment

The terms conservator and guardian vary in their usage from state to state.  In California, they have specific and different meanings. Let's explore them. A “conservator of the person” is the individual who makes general welfare, health care, educational, and life-style decisions for an incapacitated adult.  An adult may become incapacitated due to dementia, disease, or disorder. Examples of decisions would be where someone lives and what medical treatment he or she receives. In … [Read more...]

Filed Under: Incapacity Planning, Living Wills, Parents of Minor Children, Powers of Attorney, Trusts Tagged With: Avoiding Living Probate, Disability Trustees, Estate Planning for Parents of Minor Children, Guardian of the Estate, Guardians for Minor Children, Powers of Attorney

A Basic Guide to Trusts

January 5, 2019 by Timothy P. Murphy Leave a Comment

If you’re thinking about your estate planning affairs, you may be considering the use of trusts.  It’s important to understand how trusts work, so that you can make the best planning decisions; take a look at the following basic information to learn more.  If you have any questions, or if you’d like to discuss how trusts can fit in with your estate plan, meet with an experienced, qualified estate planning attorney. Trustee Holds Legal Title to Trust Assets When you create a trust, you’re … [Read more...]

Filed Under: Revocable Living Trust, Trustees, Trusts Tagged With: Irrevocable Trusts, Living Trusts, Revocable Living Trust

Estate Planning Considerations Entering the New Year (part 2 of 2)

December 28, 2018 by Timothy P. Murphy Leave a Comment

When considering creating or updating your estate plan in 2019, you will want to make sure that you consider all of your planning needs.  This will ensure that you have a proper plan that will protect you during all of life’s unexpected events.  The information below will explain more about your needs. In this second installment about estate planning considerations, we address additional issues often overlooked in many estate plans.  If you have any questions about the information below, or if … [Read more...]

Filed Under: Beneficiary Designations, Estate Planning, Life Insurance, Parents of Minor Children, Pets, Revocable Living Trust, Trusts Tagged With: Estate Planning, Estate Planning Benefits, Estate Planning Documents, Estate Planning for Children, Estate Planning for Parents of Minor Children, Estate Planning Goals, Estate Planning Information, Estate Planning Mistakes, Life Insurance, Pet Planning, Pet Trusts

Estate Planning Considerations Entering the New Year (part 1 of 2)

December 26, 2018 by Timothy P. Murphy Leave a Comment

As we approach the New Year, many folks include among their resolutions creating or updating their estate plans. What is often not appreciated are the number of issues that should be considered and addressed in one's estate plan. It’s important to take time to handle these issues so that you’re protected throughout your lifetime as well as after you die.  Many people don’t take the time to fully think about their individual estate planning needs.  Take a look at the information below to … [Read more...]

Filed Under: Beneficiary Designations, Estate Planning, Incapacity Planning, Living Wills, Parents of Minor Children, Powers of Attorney, Revocable Living Trust, Trusts Tagged With: Estate Planning, Estate Planning Benefits, Estate Planning for Children, Estate Planning for Parents of Minor Children, Pet Planning, Pet Trusts, Revocable Living Trust

FAQ: Charitable Planning

December 22, 2018 by Timothy P. Murphy Leave a Comment

You may think that charitable planning has sunk into nonexistence.  The extremely large (i.e. $11.18 million  in 2018 an) lifetime federal estate exemption has made many question the need for charitable planning. However, charities are pleased to announce that charitable giving remains strong in the United States. What are the common ways to participate in charitable giving? Lifetime gifts Private foundations Donor advised funds Bequests Charitable remainder trusts … [Read more...]

Filed Under: Charitable planning, Estate Planning, Tax Avoidance, Trusts Tagged With: Advanced Estate Planning, Charitable Planning, Federal Estate Tax, Tax Planning

BEING THANKFUL FOR CAREGIVERS

November 20, 2018 by Timothy P. Murphy

Thanksgiving is a time to reflect on the persons and things we should appreciate and be thankful for. Among those are the caregivers who assist loved ones on a daily basis. It is appropriate that November is National Long-term Care Awareness Month. The number of professional caregivers and care-giving services has increased along with our growing elderly population. However, the majority of caregivers in the United States still are family members or friends. If that is true in your family, … [Read more...]

Filed Under: Elder Law, Estate Planning, Incapacity, Trusts

KEEPING YOUR IMPORTANT DOCUMENTS SAFE FROM A DISASTER

November 20, 2018 by Timothy P. Murphy

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...]

Filed Under: Digital Assets, Estate Planning, General, Living Trusts, Trusts

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Upcoming Seminars

  • Client Workshop: Beneficiary Planning – Tailoring Your Estate Plan to Meet Your Goals and Their Needs
    • March 21, 2019
    • Sacramento
  • Client Workshop: Beneficiary Planning – Tailoring Your Estate Plan to Meet Your Goals and Their Needs
    • March 23, 2019
    • Sacramento

SACRAMENTO

2277 Fair Oaks Blvd., Ste 320
Sacramento, CA 95825-5599
United States (US)
Phone: (916) 437-3500

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Roseville, CA 95661
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