California Inheritance Laws

As we examine California's inheritance laws further, it is crucial to remember the lessons learned from cases like Sterling v Sterling and understand how they have shaped the legal landscape surrounding estate planning, probate, and mental capacity in the state. By doing so, we can better understand the legal intricacies involved in managing and transferring assets within California's jurisdiction.

How To Provide For Your Pet After You Die

How are pets factored into estate planning? In terms of the law, your pet is considered your property and, like your properties and assets, will be inherited by your heirs or beneficiaries. If you are wondering how to incorporate your pet into your estate plan, the following information can help ensure they are cared for after your death.

How To Avoid Family Disputes Over a Will

A will is one of our primary ways of ensuring that our loved ones are cared for after our death. However, in some cases, conflicts over inheritance can result in the exact opposite. For that reason, many parents want to learn more about the actions they can take to avoid family disputes over their will.

What’s the Difference Between a Probate Attorney and an Estate Planning Attorney?

If you have landed on this page, you may well know that estate law is complex. Only 33% of Americans have created estate planning documents to help their heirs distribute their property after death. It’s no surprise, then, that disputes arise in families and heirs quite often in the United States. Most of these disputes are between siblings and involve property or land. With such a breadth of cases, there are multiple areas of practice that attorneys focus on.

How Much Does an Estate Planning Attorney Cost? [2023]

Estate planning is an extensive and sometimes intimidating legal field. While you likely want to ensure that your estate ends up benefiting your loved ones, doing so can be a lengthy and tedious process. For that reason, many people choose to enlist the aid of an estate planning attorney.

How Long Does It Take To Create a Trust?

This article delves into the key elements that determine and impact trust establishment timelines, exploring the complexities involved and providing information on how an estate planning attorney can help streamline the process. Whether you are considering the establishment of a trust or seeking to deepen your knowledge of estate planning, understanding these factors is crucial to protect your financial legacy.

7 Tips for Writing an Explanatory Letter for Your Will

To clarify the content of your will, consider adding a letter prefacing your will in which you provide information regarding the inheritance of your estate or emotional reasoning for your decisions. In your explanatory letter, you (the testator or owner of the will) will have the chance to provide an explanation for your last wishes regarding your estate.

How Is a Revocable Living Trust Different Than a Will?

Estate planning is a complicated process, and there are many different options. One of the most common questions people have regarding estate planning is whether they should prepare a will, a revocable living trust, or both, and the differences between the two.

What Happens to My Debts When I Die?

Having debt in life is stressful enough, but can it follow you into eternity? Well, not exactly, but your debts do not just disappear when you die. Financial stress can be difficult, and the statistics can be rather gloomy. One Experian survey reported that 73% of U.S. citizens in 2016 passed away with some form of debt. Luckily, if you are reading this article, you still have time to plan. Read along as we go over the common types of debts and the associated laws and break down what an estate planning lawyer can do to ensure your assets go where you want and your family is taken care of. 

7 Steps To an Effective Estate Plan

To help you take proactive steps to secure your legacy, we present seven crucial steps to crafting an effective estate plan. By following these steps, you can ensure that your wishes are upheld, your loved ones are cared for, and your assets are distributed according to your desires.

When Do I Need a Lawyer for a Will or Trust?

In this article, we examine the compelling reasons why seeking the guidance of a lawyer for estate planning is essential. From minimizing tax implications and avoiding probate complications to ensuring proper guardianship for minor children, a lawyer specializing in estate planning brings expertise and knowledge to navigate the intricacies of the process.  

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Estate planning is subject to complex tax and estate laws. An estate planning attorney can help navigate wills, trusts, philanthropy and tax liability.

How To Hire An Estate Planning Attorney

The 5 Most Important Estate Planning Documents

Planning for death may seem morbid, but it’s a necessity for most folks. Most people will likely only need four or five estate planning documents to establish a comprehensive estate plan. However, complex medical needs, capital structures, and real estate may require a bit more detailed planning.

10 Questions To Ask an Estate Lawyer After a Loved One’s Death

We have compiled a comprehensive list of the top ten questions you should ask an estate lawyer after a loved one’s death. These questions are intended to serve as a starting point for your discussion with an attorney, empowering you with the knowledge needed to make informed decisions.

Please call the San Jose Police Department at 408-277-8900 to report non-emergencies.

Citizens may request reports online, via mail, or in person. Concerned parties may also visit the SJPD Records Unit at 201 West Mission Street, San Jose, CA 95110, or call them at 408-277-4261. Note, however, that there are certain guidelines that must be observed when requesting incident reports, pursuant to Government Code 6254(f). For more information, please visit this link: <a href="https://www.sjpd.org/records/crime-incident-reports">https://www.sjpd.org/records/crime-incident-reports</a>.

In San Jose, when a divorce or Registered Domestic Partnership is finalized, wills and trusts are automatically revoked. However, this is not the case when physical separation occurs or a dissolution petition is filed. The estate plans created during the separation stage prior to the final marriage dissolution are generally not reflective of the grantors' intentions. Additionally, because deaths during this time are handled according to the existing documents, regularly updating the estate plan with an attorney is critical to reflect the grantors' wishes.

Being named an estate's successor in San Jose means you are responsible for managing the trust and carrying out the wishes of the deceased. Common responsibilities include paying creditors and taxes, distributing assets, and keeping records of estate-related expenses. While not necessary, it is highly recommended to hire an experienced estate planning attorney to help you fulfill your fiduciary obligations by guiding you through the process.

To change the trustee, the settlor - the person who established the trust - only needs to make a simple amendment to the trust. However, it's harder to remove the trustee if the trust is irrevocable or if the settlor has passed away. Only the court can do this. A beneficiary may want to do this if they think the trustee is not acting in good faith. To do so, the beneficiary in San Jose must request it from the court.

Yes, you can modify or revoke a will after creating it. It's a good idea to review your will periodically to ensure it reflects your current assets and property in San Jose. It is a good idea to examine your will before and/or after a significant life event, such as getting married, divorcing, or having a child. Do not change your will by simply crossing out or adding provisions. Taking these certain actions may jeopardize the validity of your will due to specific California probate laws.

One can, but there is no guarantee that it will be honored by San Jose courts especially if the documents do not adhere to California laws. While many online services offer "do-it-yourself" estate planning packages, a small error or oversight can lead to costly, time-consuming, and contentious probate, which can be emotionally exhausting for the bereaved family of the deceased. It is recommended to consult with an estate planning lawyer to avoid this hassle.

An estate consists of the total assets that form an individual’s net worth, no matter how large or small. Estate planning attorneys use their in-depth knowledge of state and federal laws to help people best manage what will happen with their estates after they die or become incapacitated. Estate planning attorneys can prepare wills, form trusts, reduce estate tax burdens, and decrease or eliminate the need for probate court.

With the many intricacies of assets, taxes, and state and federal laws that can affect a person’s estate, an estate planning lawyer can be a valuable professional asset, no matter how large or small a person’s estate may be. An estate planning attorney can:<ul><li>Create a comprehensive plan to protect a client's legacy, that includes a will, power of attorney, trusts, life insurance, and advanced medical directives</li><li>Optimize an estate plan as tax laws, life events, assets, and goals change over time</li><li>Protect a client’s loved ones by preventing assets from entering probate</li><li>Help clients designate a person to make important health decisions for them if they become incapacitated</li></ul>

Estate planning attorneys can create trusts and wills. Through a will, an attorney can help a client designate their estate’s beneficiaries and assign an executor to represent the will in probate court. These attorneys can also create trusts, allowing a client to assign a trustee to oversee the estate, potentially avoiding probate court and holding assets to be distributed over time.

While both estate plans and wills officially document how their owners wish to allocate certain assets after their death, there are key differences. In estate planning, a will is often just one of several documents that form a comprehensive plan. In a will, people must designate a person responsible for executing their will after their death. The will can include guardians for their children when they die and beneficiaries to receive an inheritance of money, property, and other assets.

To create a thorough and effective estate plan, individuals should follow these steps:<ul><li>Prepare a will that designates an estate executor; indicate who will receive what assets, and assign a trust and guardians for any children. Consider using an attorney if the will is in any way complex.</li><li>To avoid probate, have an attorney create a revocable living trust.</li><li>Assign beneficiaries to other assets, such as life insurance policies, retirement plans, and securities.</li><li>Use an attorney to prepare a living will, name a health care proxy, and create a HIPAA release form.</li><li>Update the plan every five years.</li></ul>

The length of the process can vary greatly depending on the size and complexity of the estate, the specific law office, and whether there’s an emergency or urgent need. If you’re using an attorney, you can generally expect it to take one to five weeks. You may be able to speed up the process by immediately providing your attorney with any bank statements or other documents they need.

A trust is an agreement between a grantor, a trustee, and a beneficiary. In this agreement, the grantor allocates funds or real property assets to the trustee to be held either until the grantor passes away or until a specific, agreed-upon date. At that point, it's the responsibility of the trustee to distribute funds or property to the beneficiary or beneficiaries. While there are similarities between a will and a trust, a will is a more comprehensive document that typically requires probate court, while a trust allows assets to pass to the beneficiary without probate.

When opening a trust fund, a grantor allocates a trustee to oversee and manage assets in the account. This trustee can sometimes be a relative, an estate lawyer, or a bank that acts as the legal owner of the trust. While holding assets, the trustee is required to file taxes on trust assets.

A living trust enables a grantor to manage their assets through a trustee while still alive. They can continually add funds and/or property to their trust fund by transferring them to the trustee, who accepts ownership of everything held in the fund. The grantor can name a beneficiary for their trust, and their assets will be automatically transferred to that person or establishment upon their death.

No, a lawyer is not required to draft or complete a will. However, there are some scenarios in which hiring an estate lawyer to assist with a will is a good idea, including when children or high-value assets are involved. Additionally, an estate lawyer can help to reduce probate fees and taxes paid by loved ones after a person dies. It's also best to work with a professional to ensure that the will addresses everything necessary, such as funeral plans, guardianship, and asset distribution.

Yes, and individuals who have a living trust should also have a will. While a living trust enables a person to leave funds and assets to a loved one when they're gone, a will is required to cover any assets that aren't included in the trust, such as guardianship of dependents, funeral plans, and forgiveness of outstanding debts, if applicable.

The cost of setting up a trust varies quite a bit depending on a variety of factors, including terms that are in place, special provisions for minor beneficiaries, and trustees' basic fees. In most cases, the minimum cost of setting up a trust is about $1,500, but depending on the factors mentioned above, this cost can increase by thousands of dollars.