Letters of administration and letters testamentary are specific types of legal documents that are used in the probate process, the court-based legal process in which property that a deceased person owned is transferred to others. The laws and procedures involved in the issuance of these letters of differ by the type of probate procedure involved. The following discussion discusses California's procedures.The Probate Process: Once a person dies with either a will or no will or trust, someone … [Read more...]
Many Reasons to Plan
Each of us will die eventually. This article by my friend and colleague Steve Hartnett, an estate planning expert, looks at how planning can make our passing easier for our loved ones. Specifically, this article looks at how planning can maintain privacy for your loved ones.Many Reasons to Plan … [Read more...]
Planning is Critical
It’s important to have a plan. If you don’t have a plan, your state law dictates who gets your property and makes decisions for you. Read the following post by my friend and colleague Steve Hartnett, an estate planning expert, to learn more about a heart-breaking story of someone who didn’t plan and the consequences.Planning is Critical … [Read more...]
What Happens After You Die…With or Without an Estate Plan (part 2 of 2)
You may be wondering how your affairs will be handled after your death, whether you have an estate plan in place, or not. Take a look at some of the information below, to better understand how your affairs will be handled if you do indeed have a plan. Part 1 of this 2 part article discusses what happens if you do NOT have an estate plan in place. With an estate plan…If you only have a will in place, your affairs will likely still have to go through the probate process. This is … [Read more...]
What Happens After You Die…With or Without an Estate Plan (part 1 of 2)
Whether taking the time to create an estate plan or not, many people wonder how their affairs will be handled after they die. This is a completely natural thing to think about. It’s important to have some idea of how affairs are handled, so that you understand the power of estate planning. Take a look at some of the information below, to better understand how your affairs will be handled. If you have any questions, or if you’d like to create an estate plan, contact a qualified, … [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...]
Trusts for Privacy
Trusts have many uses. Perhaps the most important is that they can provide privacy at death. Garry Shandling is thought to have used a trust to provide privacy for those he left behind. See the following article by my friend and colleague Steve Hartnett, an estate planning expert.Trusts for Privacy … [Read more...]
Basics of Estate Planning: Privacy and Estate Planning
Privacy is important, especially in today’s world. Learn how estate planning can enhance or reduce your privacy. Read the following article by my friend and colleague Steve Hartnett on this important issue.Basics of Estate Planning: Privacy and Estate PlanningIf you have any questions about this topic, we can help. … [Read more...]
Ways to Avoid California Probate Court
Although most people request an estate plan that helps avoid the lengthy probate process, not everyone actually understands what that means. Avoiding California probate court does not mean avoiding estate taxes. If you are looking to avoid California probate court, here are four ways to accomplish that. First, understand the purpose of probate Basically, probate is a legal procedure conducted by the California probate court in order to transfer ownership of assets to beneficiaries after … [Read more...]
What Intestate Succession Means for Your Estate
One of the purposes of estate planning is to prepare for our deaths. One reason a probate lawyer needs to know about the probate code is to understand the laws of intestate succession. These laws determine who gets what if you die without a will. In general terms, if you die without a will in California, your assets will go to your closest relatives. Here is what intestate succession means for your estate. California's Laws of Intestate Succession If you die with surviving children, but … [Read more...]
