Estate Planning and Probate Articles

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. This [...]

California law offers protections for individuals who may have been unintentionally excluded from a will or trust. These individuals, often referred to as “omitted heirs,” can still receive a [...]

Have you ever wondered what happens if someone inherits money from a relative they killed? California’s Slayer Rule prevents this from happening. This law ensures that murderers don’t [...]

When planning your California estate, determining the fate of your family home after your passing is crucial. One option is the right of occupancy, allowing your surviving spouse or domestic [...]

A Will and a Trust are both common tools used when creating your estate plan. Both documents assist your loved ones in determining your last wishes as it applies to all of your worldly assets, [...]

When it comes to estate planning, the risk of undue influence is a significant concern. How can you protect yourself or a loved one if you suspect someone has unfairly influenced a will or trust? [...]

One of the basic goals when planning your estate is to minimize to the extent possible any money due to the federal government, thereby maximizing your future beneficiary’s inheritance. Tax [...]

Navigating child care situations can become complex, especially when parents are temporarily unavailable or permanently unable to care for their children. While a formal court-ordered [...]

As of January 1, 2016, a revocable Transfer on Death (TOD) deed may be used to make donative transfers of real property to named beneficiaries. The revocable TOD deed helps individuals transfer [...]

When selecting an agent, it is important to choose someone who you can trust to act according to your wishes.

This blog article responds to questions we frequently receive about trust funding. The failure to properly fund a trust often has adverse consequences that are preventable. At Naimish & Lewis, we [...]

Often portrayed in movies by families fighting over a large inheritance left by the rich benefactor who may, or may not, have lost their marbles (insert plot twist), capacity can be a major issue [...]

Trusts are powerful tools in estate planning. Every trust is a unique, customizable document that empowers its creator to establish a plan for the distribution of their estate. A well-crafted, [...]

An issue that frequently arises in estate planning is the reassessment of property taxes. In California, property taxes are based on the assessed value of the property. When a property is sold or [...]

Dying intestate can have serious legal implications and can lead to unintended outcomes, disputes, and complications when administering the estate.

A generation-skipping trust is an estate planning tool that allows you to transfer assets to grandchildren or more remote descendants. However, there are important tax implications to consider [...]

A common question that arises during probate is “who gets paid first?” There are multiple parties that need to be paid during and after probate. Creditors of the decedent, governmental entities [...]

An estate plan should be designed properly to protect your beneficiaries. When designing your estate plan, you should try and anticipate things that may go wrong or something unexpected that [...]

One of the main advantages of a trust is that it avoids probate. A trust can be seen as an investment for the benefit of its beneficiaries. A trust is created during a client’s lifetime so that [...]

Understanding Your Domicile for Estate Planning Purposes As our society becomes more mobile and flexible, it is not uncommon for individuals to work in one state while maintaining a home in [...]

What Happens When You Can’t Find a Beneficiary During Probate? Probate is the judicial court process in which a deceased person’s will or estate is distributed. In a typical probate, the court [...]

Like any field in the practice of law, the realm of estate planning is filled with terms that many would consider “legalese.” Often times clients use the terms “trust” or “will” interchangeably [...]

The goal of estate planning is to ensure that a person’s wishes are effectuated at the time of their passing. Most people drafting an estate plan wish for their belongings to pass to those people [...]

Over the prior few years, homeowners rushed to obtain refinancing of their home loans because of the decline in interest rates. The opportunity of obtaining lower interest rates for many people [...]

Can I Handwrite My Own Will? California is one of 26 states which allows the creation of holographic wills. “Holographic” simply means a document wholly written by the hand of its author. A [...]

Divorce and legal separation can be emotionally overwhelming, and one major concern for spouses is the potential impact on their financial future. Of particular concern is the division of [...]

If you’re considering a legal conservatorship for an adult in California, it’s important to understand the process and responsibilities involved. In California, conservatorship refers [...]

A medical power of attorney (POA) is a legal document that allows you to appoint someone to make medical decisions on your behalf if you are unable to do so.

A power of attorney is a legal document that allows you to give a person of your choice the authority to manage your finances or make health care decisions for you. You want to have a separate [...]

There are many methods of avoiding a formal probate. Once you have a good idea of the assets of the estate, you may take the following initial steps in order to determine what assets may require [...]

When? How often should your Estate Plan be Reviewed? Generally, you should review your estate plan at minimum every three to five years and anytime you have a major life change. This isn’t just [...]

What is a Living Trust? First and foremost, a Living Trust is a written legal document which is generally the core of your Estate Plan. Think of your Living Trust like a wall safe, a place where [...]

California’s newly passed Proposition 19 will likely have major tax consequences for individuals inheriting property from their parents. Proposition 19 was approved by California voters in [...]

The purpose of probate is to make sure that, after a person dies, their assets are distributed according to their wishes, and to make sure that outstanding debts are paid.

In my previous blog on “When Do You Need a Conservatorship” I addressed the different types of conservatorships for adults in California and promised to provide an overview of the limited [...]

There are several different types of conservatorships in California that provide legal authority for someone to assist in caring for adults who need help. A General Conservatorship is needed by [...]

When a married couple starts a divorce or legal separation in California, the Summons served with the Petition in dissolution of marriage or legal separation contains Automatic Temporary [...]

How the California Uniform Transfers to Minors Act Can Secure Your Child’s Future The California Uniform Transfers to Minors Act, or “CUTMA,” contained in California Probate Code sections [...]