A personal representative (or “ executor”) of an estate has many tasks and responsibilities. However, the California Probate Code allows a personal representative to claim a fee for services. The amount of compensation an executor may receive is based on the total value of the probate estate. The value of a probate estate is the sum of all probate assets.…
A Qualified Personal Residence Trust (QPRT) is an estate-planning tool that allows individuals to retain the right to live in their home for a specified period of time while also providing for the eventual transfer of a home at a lower transfer tax rate. A grantor using the QPRT transfers title to a personal residence to the trust (either a…
In California, a document called a small estate affidavit may be used to transfer an estate’s assets to the proper beneficiaries without having to open a formal probate proceeding with the court. To use a small estate affidavit, the estate must meet the following basic legal requirements: The basic requirements to use a small estate affidavit are the estate’s probate…
Chances are you have read or been told by someone that you should ‘avoid probate at all costs.’ This is especially true if you have a relatively sizable estate, which includes at least one house and some savings and/or investments in a portfolio. If one does not have a will, probate is the court administrative process whereby there is judicial…
Probate costs in California can be hefty so it behooves those who are considering future plans for their estate to be educated on what probate expenditures actually are. Probate is the state’s way of overseeing the administration of one’s estate after death, making sure that debts and taxes are paid and that the correct beneficiaries receive what they are entitled…
John Lennon once wrote: “Life is what happens when you are busy making other plans.” This is a profound thought and it certainly applies to the areas of estate planning, unexpected death, a life-altering accident, unanticipated sickness, home care and assisted living. Regrettably, this lyric applies to Prince, the mega music star who recently died unexpectedly at the age of…
When we think of estate planning, most of the time we think in the context of spouses and children. In fact, most people do wind up bequeathing everything to their spouse and their kids. At the same time, power of attorney and advance health care directives are usually delegated to spouses and children. Yet, there are many successful persons who…
Probate is a legal process used to pass a deceased individual’s property to heirs and beneficiaries of the deceased. Probate must be initiated whether an individual dies with or without leaving a will. A will aids the court in determining how property and assets should be disposed. The probate process can be a lengthy, costly, and complicated process even when…
Here are some of the more popular questions people have about wills and trusts and other estate planning documents. Even people who already have their estate planning documents in order still wonder about these scenarios. Q: Should I Keep My Estate Planning Documents in a Safety Deposit Box? A: Yes – and no. You might keep an original of your…