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Sacramento Estate Planning Attorney

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How Are Assets Valued during Probate?

November 2, 2019 by Timothy P. Murphy

Roseville probate attorney

When a loved one passes away, no one really wants to focus on the practical and legal steps that must be taken shortly thereafter. If you were named as the Executor of the estate, however, you must do just that. One of the many responsibilities you will have during the probate of the estate will be to value the estate assets. Why is that important and how do you determine values? We'll explain the process of valuing estate assets during probate. What Is Probate? Most people leave behind an … [Read more...]

Filed Under: Probate

Handy Estate Planning Tips for You and Your Family

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

We’ve put together a collection of estate planning tips for you and your family.  If you’re like most people, there will be at least one thing on this list that you haven’t thought of yet.  Others will serve as a gentle reminder to take action. 1.  You need to name temporary guardians so that someone is authorized to care for your children in the event you are disabled (temporarily or permanently) and unable to care for them yourself. After all, your will, appointing permanent guardians, … [Read more...]

Filed Under: Asset Protection Planning, College Planning, Estate Planning, Incapacity Planning, Parents of Minor Children, Pets, Revocable Living Trust, Tax Avoidance, Trusts, Wills Tagged With: Estate Planning, Estate Planning Benefits, Estate Planning Goals, Estate Planning Information

How Not to Unintentionally Disinherit Your Children

October 29, 2019 by Timothy P. Murphy Leave a Comment

When asked if they are going to disinherit their children, most folks reply, “Of course not.”  However, many of them do, unintentionally. The Perils of a Blended Family Unfortunately, the unintentional disinheritance of children happens every day.  It usually happens in blended families, which are comprised of second, third, or even forth marriages and children from previous relationships. No matter what promises are made or understandings are had, a spouse that is not the parent of all … [Read more...]

Filed Under: Beneficiary Designations, Blended Families, Estate Planning, Joint Owenership Perils, Parents of Minor Children, Proper Asset Ownership, Revocable Living Trust, Trustees, Wills Tagged With: Estate Planning for Adult Children, Estate Planning for Blended Families, Estate Planning for Children, Estate Planning for Parents of Minor Children, Estate Planning Mistakes, Perils of Joint Ownership

Estate Planning is Not a “One and Done” Process

October 27, 2019 by Timothy P. Murphy Leave a Comment

More than half of all Americans don’t have a formal estate plan, meaning no will, no trust, no powers of attorney, no trust.  The other Americans have some form of an estate plan, but most of those folks don’t realize that estate planning is a life-long process.  Estate planning is not a “once and done;” don’t stop now. What Would an Experienced and Qualified Estate Planning Attorney Say?  What do you think an experienced and qualified estate planning attorney would say when he or she … [Read more...]

Filed Under: Estate Planning Tagged With: Estate Plan Process, Estate Planning Benefits, Estate Planning Goals, Estate Planning Updates

Why a Will Isn’t the Only Document You Need (part 2 of 2)

October 25, 2019 by Timothy P. Murphy Leave a Comment

When beginning to think about your estate planning needs, you may decide to execute a will.  A will can allow you to achieve a number of goals.  However, it likely won’t allow you to handle all of your estate planning affairs unless you have a simple and modest estate.  Take a look at the following information, to learn more.  If you have any questions about the use of a will, contact an experienced and qualified estate planning attorney.   You can’t control all asset distribution.  It’s … [Read more...]

Filed Under: Beneficiary Designations, Estate Planning, Joint Owenership Perils, Pets, Probate, Revocable Living Trust, Trusts, Wills Tagged With: Comprehensive Estate Plan, Estate Planning Documents, Pet Trusts

Why A Will Isn’t the Only Document You Need (part 1 of 2)

October 23, 2019 by Timothy P. Murphy Leave a Comment

If you’re thinking about getting a will, know that it may not be your best option.  A will allows you to have control over future decisions.  However, you should know that it’s important to consider other planning techniques, in addition.  A will is not the only planning tool that you need.  Take a look at the following information, to learn more.  If you have any questions, contact an estate planning attorney.   You can’t plan for incapacity.  Your will is only effective after you die, … [Read more...]

Filed Under: Asset Protection Planning, Beneficiary Designations, Estate Planning, Incapacity Planning, Special Needs Planning, Wills Tagged With: Comprehensive Estate Plan, Estate Planning Documents, Estate Planning Mistakes, Estate Plans that Work, Will

Caution: Not All Living Trusts Will Avoid Probate

October 21, 2019 by Timothy P. Murphy Leave a Comment

Many folks in California create living trusts to, among other reasons, avoid the hgh costs of a probate proceeding. Regretabably, 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 increas your chances that your living trust may not avoid probate. Why? Why Won’t my Living Trust Avoid Probate?  Good question. We get this question all of the time and are happy to … [Read more...]

Filed Under: Beneficiary Designations, Estate Planning, Probate, Proper Asset Ownership, Revocable Living Trust, Trusts Tagged With: Beneficiary Designations, Estate Planning Mistakes, Probate Avoidance, Revocable Living Trust, Trust Funding

Conservatorship: Good or Bad?

October 19, 2019 by Timothy P. Murphy

Sacramento conservatorship attorney

For an adult child, watching a parent’s physical and/or cognitive decline is extremely painful. At some point, a role reversal may occur, turning the parent into the child and vice versa. At this point, it is probably time to consider petitioning to become your parent’s conservator. Taking what seems like such a drastic step may feel like you are stripping your aren’t of his/her freedom and dignity. However, your parent may actually benefit from a conservatorship. What Is an Adult … [Read more...]

Filed Under: Elder Law

Income Tax Basis

October 17, 2019 by Timothy P. Murphy

Income tax basis is important in tax and estate planning. This article by my friend and colleague Steve Hartnett, an estate planning expert, examines the concept of income tax basis, how one acquires a basis, how it gets adjusted, etc. The article then examines how the basis is subtracted from the sale price to determine gain or loss. The next article in the series will examine how income tax basis is an important factor in estate planning. Income Tax Basis … [Read more...]

Filed Under: Estate Planning, Legal Education Tagged With: depreciation, gain, Income tax basis, step-up

How Do I Disinherit Someone?

October 15, 2019 by Timothy P. Murphy

Sacramento estate planning attorney

For most people, the primary focus of estate planning is to ensure that their assets are passed down to their loved ones according to their wishes after they are gone. Consequently, many of the decisions you will make when creating an estate plan relate to who you want to inherit from your estate assets. What if there is someone you specifically do not want to inherit from your estate? Below we will discuss how to disinherit someone. Who Inherits If I Don’t Have a Will? If there is someone you … [Read more...]

Filed Under: Estate Planning

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Upcoming Seminars

    Previous Seminar Topics:

    • 8 Deadly Mistakes: How Clients Destroy Their Estate Plans and What You Can Do About It (June 2019)
    • Beneficiary Planning: Tailoring Your Estate Plan To Meet Your Goals And Their Needs (March 2019)
    • Long Term Care Planning In A Changing World (February 2019) (March 2018) (January 2016) (July 2016)
    • The Trustee Workshop: Keeping Things In Good Order Now and In the Future (January 2019) (February 2018)
    • The New Tax Law: What It Means For You (January 2018)
    • Effective Estate Planning Strategies: What You Need to Know” (Dante Club, May 2018)
    • “Taking Care of Business: Planning Guide and Resources for Older Adults” (Carmichael Presbyterian Church, May 2017)
    • “The Care and Feeding of Your Living Trust: Keeping It Up To Date” (January 2016) (September 2017)
    • “Protecting Your Retirement Accounts from Excess Taxes, Penalties and Problems Now and in the Future” (January 2016) (January 2017)
    • New President, New Tax Laws? (January 2017)
    • The Trustee Workshop: How to Make Sure Your Trust Works When You Need It (August 2016)
    • Estate Planning Workshop (March 2016)
    There are no seminars scheduled at this time. Please leave your name and email and we will let you know when our next one is scheduled.
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SACRAMENTO

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

ROSEVILLE

3017 Douglas Blvd., Ste 300
Roseville, CA 95661
United States (US)
Phone: (916) 437-3500

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