Many people start their estate planning by drawing up a will. Some people take the next step to establish a trust to hold their assets. Trusts accomplish various objectives, and they differ from your will in a significant way. Assets in a trust bypass probate, whereas...
San Diego Probate & Estate Administration Law Blog
The legal process for minor beneficiaries
A minor in California has to wait until reaching 18 years old to inherit and manage assets. The court requires a child to reach the age of maturity first. A young beneficiary, along with the parent or guardian, has certain legal procedures to follow when receiving an...
Revocable living trusts
If you live in California and are considering creating a revocable living trust, it's essential to understand the benefits and potential drawbacks of this trust type. A living trust is a legal document that allows you to manage your assets and determines asset...
Does a retirement account have to go through probate?
Probate is a process all California estates go through even if the decedent lacked a will. However, some assets are transferred outside of probate. Retirement accounts are among them. Understanding probate The probate process allows a person’s will to be validated so...
Important tips for medical professionals planning their estates
Medical professionals in California encounter life-or-death situations every day. However, few take the time to consider their own deaths. But like everyone, it’s important to plan their estates. While they may share the same estate planning issues as the rest of the...
What is a trustee, their role, and duties?
A trustee is a person who manages and administers trusts. In San Diego and elsewhere, trusts are legal arrangements that set out specific terms and conditions for an individual or group of people. A trustee's role is to ensure that all follow the trust's terms and use...
Avoiding probate in California
Probate is the legal process of transferring ownership of property from a deceased person to their heirs. It can be a lengthy and expensive process, so many people try to avoid it if possible. The question is, how can you avoid probate? Create a trust Usually, when...
Should you set up a bypass trust in California
Bypass trusts are an estate planning strategy that could benefit wealthy couples or people who have children from a previous marriage. This type of trust shelters your assets from federal estate tax up to the exemption amount, and it allows you to include other...
Common estate planning errors and how to avoid them
All California adults should consider creating an estate plan. However, you should know about the most common estate planning mistakes and how to avoid them. Not having an estate plan The biggest mistake you can make is not having an estate plan at all. If you die...
Should you include an irrevocable trust in your estate plan?
California allows you to create irrevocable trusts in your estate plan. An irrevocable trust is mostly set in stone, so you should be fairly certain before setting it up because you won't be able to revoke or modify it. The benefits of an irrevocable trust are...