Trust Funding: What Is It and Why Do I Need To Do It?

Trust Funding: What Is It and Why Do I Need To Do It?

The failure to properly fund a trust often has adverse consequences that are preventable. At Naimish & Lewis, we assist our clients with trust funding as part of our full-service approach to each client’s estate plan. 

Do I Still Need an AB Trust?

Do I Still Need an AB Trust?

Due to changes in federal and state laws over the past decade, many of the AB trusts created prior to 2011 may no longer be the most desirable method of estate planning for a married couple.

Child Support Modification

Child Support Modification

For various reasons, parents split up, and they eventually come to an agreement on—or the Court orders—custody, visitation, and child support. But what do you do if those agreements need to be modified?

Do I Need a Domestic Violence Restraining Order?

Do I Need a Domestic Violence Restraining Order?

The traditional depiction of domestic violence in popular culture is typically a husband beating his wife. While this is a common occurrence of domestic violence, the legal definition of domestic violence is much broader and not limited to only physical abuse or a marital relationship.

Reimbursements - Epstein Credits And Watts Charges (Part 1)

Reimbursements - Epstein Credits And Watts Charges (Part 1)

After divorce, each spouse ideally would shake hands, say “I wish you well,” take his or her share of the community property, and live happily ever after. While possible, the vast majority of divorces are much less cordial, and more complicated regarding the division of community property. One level of complication is the issue of reimbursement.

What to Do after a Loved One Passes

What to Do after a Loved One Passes

The time after you lose a loved one is an emotional, stressful, and difficult time. This time can be made even more stressful if you have been named as the executor of your loved one’s estate or the successor trustee.

Are You A Victim of Domestic Violence?

Are You A Victim of Domestic Violence?

There are many misconceptions and myths surrounding domestic violence. The definition of “abuse” included in California’s Domestic Violence Prevention Act (the “DVPA”) is purposely broad in scope and encompasses a wide range of acts or behavior.

Family Pot Trust

Family Pot Trust

A Family Pot Trust, also known as a discretionary, sprinkling, or common pot trust, is a mechanism that allows estate planning clients to provide for their beneficiaries without requiring a rigid structure of distributions and payments.

What Is CUTMA?

What Is CUTMA?

The California Uniform Transfers to Minors Act, or “CUTMA,” contained in the California Probate Code sections 3900 through 3925, is an alternative estate planning tool available in California to transfer any type of property to a minor.

Do I Need a Generation-Skipping Trust?

Do I Need a Generation-Skipping Trust?

Before you go running out to establish a Generation-Skipping Trust, you should evaluate whether estate taxes are likely to be a concern based on the size of your estate, current exemption limits, and your intended beneficiaries

Divorce and Child Support for Special Needs Children

Divorce and Child Support for Special Needs Children

Divorce is already a tough emotional experience and difficult financially, but it can be even more daunting for spouses who have a child with special needs. Typically, child support ends when a child reaches the age of majority or when he or she graduates from high school. For divorcing parents of a child with special needs, however, this is often not the case, given that certain disabilities involve severe impairments that require life-long care and life-long co-parenting.

Duty to Disclose During Divorce

Duty to Disclose During Divorce

Divorcing spouses owe several obligations to each other during the divorce process. One such obligation is the “continuing duty to disclose.”

What’s My Domicile?

What’s My Domicile?

In an increasingly mobile society, your “domicile,” the place that you consider home, may or may not be the state where you currently live or spend most of your time. In cross-border areas, many individuals work in one state while maintaining their home in a neighboring state. Sometimes individuals leave their home state to live someplace else for work or to attend school. Sometimes individuals own several homes or businesses in different states. Why does it matter?

What Happens to Your 401(k) Retirement Plan During Divorce?

What Happens to Your 401(k) Retirement Plan During Divorce?

While a divorce is generally very taxing emotionally, it also has very serious financial ramifications. One concern you may have already is how your 401(k) Retirement Plan will be treated in a divorce. Similar to your home, it can be an essential asset of the community estate with significant value. You will need to propose how to handle the nonparticipant spouse’s interest when negotiating how to spilt your community property.

Naimish & Lewis Welcomes Intern

Naimish & Lewis Welcomes Intern

Naimish & Lewis, APC welcomes David Ambagtsheer on the first day of his student internship. A high school senior, David is participating in the month long Intersession Internship Program at Saint Augustine High School. Throughout the internship he will gain practical work experience by performing administrative and paralegal functions. Naimish & Lewis is committed to helping young people in our community like David who are considering the legal profession find out if this is the right career for them.