You have heard the common estate planner saying, “make sure your beneficiary designation forms are filled out!” Yet, one of the most critical and often overlooked aspects of the estate planning process is properly filling out a beneficiary designation form after creating an estate plan. Beneficiary designation forms are filled out for retirement accounts like 401(k)s, IRAs, and even pensions…
Why Do I Have to Do a Probate When I Have a Trust? As an estate planning attorney, one of my least favorite conversations with a new client starts with me saying “I’m so sorry, but unfortunately, even though you have a trust, we are going to have to do a probate.” Clients are surprised to learn that this can…
Transfer on Death (TOD) deeds gained legal recognition in 2016 as a means of transferring real property outside of probate in California. Since then, TOD deeds have emerged as a popular estate planning tool, offering a streamlined alternative to probate for transferring real estate assets. A TOD deed is a legal document that allows real property owners to designate beneficiaries…
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…
Dementia is a prevalent disease in our society, our country, and throughout the world. Even though millions of Americans are living with dementia, families are often in the dark. They don’t understand the impact on their loved ones, and they don’t know what’s coming as the disease progresses. Why? Well, there are many reasons, but most people just don’t want…
