When you set out to create an estate plan , you and your attorney will work closely to develop an array of tools that will help you accomplish each of your goals. While no two estate plans are identical, the tools you create will have to meet some very specific legal requirements. Your attorney will not only tell you what important issues your plan will have to address, but will also guide you through the process of creating tools that meet these legal standards. While you go through the … [Read more...] about Estate Planning Tip Sheet
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What Role Does a Judge Play in Estate Planning?
It isn’t uncommon for people to come to an estate planning attorney with little idea of what a judge does, what the legal process involves, or what goes on when you create an estate plan. While estate planning is not a single event or action, but rather a collection of decisions you have to make and tools you have to create, there is some basic information you should know about it. This week, we’re going to take a closer look at the role a court plays throughout the estate planning … [Read more...] about What Role Does a Judge Play in Estate Planning?
Simple Tips To Keep in Mind When Writing a Last Will
People who create an estate plan in Northern California will almost invariably draft a last will and testament as a key part of their plan. When creating your will, you will be called upon to make some very important decisions that will affect your estate after you are gone. Though the form of your will is governed by specific California laws, you are free to make whatever choices you deem appropriate. Your estate planning lawyer will guide you on the process of creating a last will, but as you … [Read more...] about Simple Tips To Keep in Mind When Writing a Last Will
Court Says Woman’s DIY Will a “Cautionary Tale”
A recent story in the ABA Journal tells the tale of Ann Aldrich, a Florida woman who used a DIY (do-it-yourself) last will and testament much to the delight of two of her nieces. Even though not given an inheritance through the will, the nieces ended up inheriting a portion of the Aldrich estate because a Florida court found that the document Aldrich used was partly deficient. Even though Aldrich’s DIY will actually complied with the basic legal requirements imposed under Florida law, it was … [Read more...] about Court Says Woman’s DIY Will a “Cautionary Tale”
Why Your Family Needs You to Make an Incapacity Plan
When people in Northern California decide to create an incapacity plan, they quickly come to realize that doing so can be a tremendous benefit for the not only themselves, but also for their families. Should you become incapacitated and lose the ability to make choices or communicate, your family will naturally be affected as well. Your sudden loss of abilities will be an emotional event for them, and one that will leave them less able to address the personal and practical realities that your … [Read more...] about Why Your Family Needs You to Make an Incapacity Plan
Don't Fall For These Elder Law Myths
Most people don't know about about elder law, and much of what they know about the topic comes from what they hear from friends or associates. Consequently, a lot of people believe a number of elder law myths that have potentially harmful consequences, especially when they rely on these misconceptions. To help dispel some of the popular, but mistaken, beliefs about elder law, we've come up with this list of myths you need to be aware of. Elder law only affects the elderly. This myth is … [Read more...] about Don't Fall For These Elder Law Myths
California Intestacy Laws: What You Should Know
One of the main reasons people choose to create a last will and testament or living trust is because they wish to avoid California’s intestacy laws. Like all other states, California has laws that dictate who will inherit your property should you die without a will, known as laws of intestacy or intestate succession. Creating a will or living trust allows you to choose who will inherit your property. Here is what you need to know about intestacy in California. You don’t get to choose. The … [Read more...] about California Intestacy Laws: What You Should Know
Commonly Asked Questions About Your Rights in a Power of Attorney
You might know that a power of attorney will play a key role in any estate plan you choose to create. What you might not realize, however, is that by creating a power of attorney, you give decision-making authority to other people. Those people will have the legal right to make decisions for you. People who first learned of this delegation of authority sometimes hesitate in making powers of attorney because they are uncomfortable with the idea of giving away their decision-making rights. … [Read more...] about Commonly Asked Questions About Your Rights in a Power of Attorney
3 Tips for Incapacity Planning
Regardless of your age or circumstances, everyone should have an incapacity plan. The law allows capable adults to make decisions about what they want to happen to them should they lose their ability to communicate or make choices. This process, known as incapacity planning, involves creating a variety of tools that will record your wishes. Even though your attorney will guide you through the process of creating an incapacity plan that complies with the relevant California and federal laws, … [Read more...] about 3 Tips for Incapacity Planning
Serving Under a Power of Attorney: Commonly Asked Questions
If you are ever asked to serve as an agent under a power of attorney, there are several issues you will need to consider before you accept. Serving as an agent comes with both responsibilities and privileges. The person asking you to serve as an agent trusts you enough to offer you the position, but you shouldn’t accept until you have a better understanding of what it entails. Here are some commonly asked questions many people have about serving as an agent under a power of attorney. What will … [Read more...] about Serving Under a Power of Attorney: Commonly Asked Questions
