Estate Planning

One of the very best things that you can do for your family when it comes to planning ahead, is executing a comprehensive estate plan for when you become incapacitated or pass away. This ensures that your family need not stress about decisions regarding your assets, as you have already made such decisions for them.
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The SECURE Act was part of the spending bill President Trump signed on December 20, 2019. Proponents have praised the Setting Every Community Up for Retirement Enhancement (SECURE) Act as giving individuals the ability to plan more effectively for their retirement. Contacting your California elder law attorney to discuss your current estate plan is advised because some of the provisions of the SECURE Act could impact your current estate and retirement plans.
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When someone passes away without a will, the state will distribute that individual’s assets in a specific order, with property first going to any children equally. But what about children who are adopted? If a child is adopted should he or she inherit from the biological parents or the adoptive parents? Do adopted individuals get to reap the benefits of two sets of parents? As nice as that might be, the answer is no. Here is what every adopted child should know about adoption and inheritance rights in California.

Luckily, the rights of adopted children in California are pretty easily understood. Adopted children are entitled to the same rights as biological children when it comes to inheritance.
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Estate planning for the elderly involves many decisions. One important decision elderly individuals make when developing an estate plan is the choice of an executor for their estate. An executor has the task of administering a person’s estate. Choosing the right individual for this task is essential to reduce family conflict and ensure that the person’s final wishes are carried out. Our Read more . . .

Estate planning can be challenging for some families who have unique situations that require special estate planning tools or comprehensive estate planning to address certain issues. A blended or merged family can sometimes create estate planning difficulties. Parents with minor children from previous marriages and couples who marry later in life with adult children from prior relationships may struggle with estate planning decisions that protect and provide for all family members. A
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People often find that estate planning is complicated and confusing. It is not difficult to understand why estate planning for same-sex couples can seem even more complex regardless of whether or not you are married. Luckily, estate planning for same-sex couples doesn’t have to be overwhelming or difficult to understand. With the law constantly changing, it’s to consult with a California estate planning attorney with experience in estate planning for the LGBTQ community. 

Same-Sex Couples See Same Rights

Before 2015 when the United States Supreme Court upheld the rights of same-sex couples to marry in every state, estate planning for same-sex couples was deemed difficult to understand.
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Life insurance offers financial protection for your heirs in the event of your death. However, purchasing life insurance may not make sense for everyone. Before you begin researching the pros and cons of the various types of life insurance policies available and the cost of life insurance, you may want to review whether or not you need life insurance coverage with your Read more . . .

Is estate planning only important for those with assets?

Estate planning is a field has a lot misconceptions.  Many people have heard rumors and falsities regarding estate planning, which may dissuade them from creating an estate plan.  Perhaps the largest myth about estate planning is that an estate plan is only about death.
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It is presumed that families may disagree, but that families will always love each other. However, does that presumption extend to in-laws? It may be common for some parents to dislike their son’s wife, but most parents learn to tolerate their in-laws. In some extreme cases, a parent may actually hate the daughter-in-law. In those cases, parents may choose to disinherit their in-law, and possibly their child. Before doing so, it may be wise to consult a Read more . . .

When a family member passes away, there are many legal steps that the surviving members must take to settle the person’s final affairs. In most cases, a family member is appointed in the person’s will to serve as administrator of the probate estate. The family member will be the one to administer the estate.  If there was no will, a family member might need to petition the court to be appointed to administer the estate.

Not knowing what to do or what may happen during the probate process can be overwhelming.
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What estate planning documents are essential to protect my heirs?

The topic of estate planning often elicits much confusion and uncertainty.  Some of us have likely come to believe that only the elderly or the ultra-wealthy need an estate plan.  Others recognize the importance of an estate plan, but may find themselves nonetheless putting off the task of creating one year after year.  Failing to create an estate plan can leave your heirs in a vulnerable position.  With no estate plan in place, the courts would be forced to divide your assets per state law, which may leave some loved ones out and will cost your heirs in taxes and fees.
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