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…
Effective January 1, 2022, California Probate Code Sections 15800 and 16069 are amended by Assembly Bill 1079. The law changes affect trustees who assume their role when the settlor or trustor (the trust’s creator) becomes incapacitated. Typically, the person or persons who create a revocable living trust hold power to revoke the trust. However, when a person dies, their revocable…
In California, owning assets in a revocable trust enables your family to avoid probate, a court process used to transfer assets to beneficiaries of a will or the decedent’s heirs. One of the main reasons to create a trust is to avoid probate. Unfortunately, more often than we would like, when we assist clients with trust administration after the death…
When a family member passes away, family dynamics are often drastically changed. Even more so when other family members are living in the decedent’s family home, which can occur in a few different ways; thus, pre-planning with a right of occupancy spelled out in your trust can avoid any ambiguities and clarify who owns the property after death and who…
Big Three from Episode #076: If someone with special needs receives an unexpected inheritance that jeopardizes necessary benefits, there are solutions to help save them. If you are doing an estate plan, you should have what Kirsten calls a “just in case provision,” With special needs terms built in. You never know what could happen down the road. If you…
A client recently asked about leaving property to his only child and wanted to know if he could add his child on title to his home rather than using a trust. The client wanted to use joint tenancy to avoid probate and smooth transition between parent and child. While my client was correct about avoiding probate and the smoother transition,…
Big Three from Episode #067: If you’re including any type of real estate in your estate plan, it’s vital to discuss with your attorney and understand how Prop 19 can impact you and your loved ones.Make sure your children are included in the discussion and planning process.Do not panic. There are workarounds and ways to protect your assets and beneficiaries.…
Big Three from Episode #055: Prop 19 is a time-sensitive issue that may impact real estate inherited by your children after February 16th.The only way to maintain a low property tax payment under Prop 19 is if a child keeps an inherited primary residence as their own primary residence.Own a vacation home? Be prepared for higher property taxes. Time-stamped Show…