For parents of special needs children, the estate plan is much more than a vehicle for the transfer of wealth to the next generation. The plan must take the parents’ place in their child’s life. For parents whose child will always require the care of someone else, just the thought of what the child’s life will be like after their…
Imagine this scenario: your cousin, David, dies without an estate plan here in California. He had no children or further descendants. He has no living siblings, parents, grandparents, or aunts or uncles, but he does have you, his first cousin on his dad’s side. His only first cousin that you are aware of. You petition the court to open a…
History Heggstad petitions are named after the California court case, Estate of Heggstad. Mr. Heggstad created a living trust and identified the assets he wanted in the trust by filling out a schedule of assets attached to his trust. Unfortunately, Mr. Heggstad died before he could retitle those assets into the name of his trust. Wanting to avoid a full probate…
In Part I of this series on taxes, we discussed federal taxes. For Part II, we will discuss state taxes. State Taxes: Income Taxes The first type of state tax that affects estate planning is individual income tax. Like federal income tax, state income tax can apply to individuals, married couples, and entities, including trusts. Income tax is a tax…
As estate planning and trust administration attorneys, we run into quite a few issues regularly with clients where the issue can be resolved by looking at specific documents. Often, the clients cannot find those documents, either because they are very old or because they do not appear to be very important. Here we will go through a list, although not…