Q. I am in my late 80’s and am updating my estate plan. I find I have an important decision to make: in my Power of Attorney (“POA”) and my Trust, if I ever lose mental capacity should I require the opinion of two doctors, or just one, to certify my incapacity before duties transfer… Read More »
Posts Categorized: Estate Planning
Planning an Inheritance for A Child or Grandchild on Public Benefits: The Special Needs Trust?
Q. One of my grandchildren has a disability and receives SSI and Medi-Cal. I would like to leave him a bequest from my estate when I pass. But won’t doing so cause him to lose his public benefits? A. Not if you plan correctly. As you probably know, your grandson cannot have more than $2,000… Read More »
New Law Designed To Facilitate CA Organ Donations
Q. My wife and I are about to prepare Advance Health Care Directives, with an option to donate our organs. I hear there is a new law that touches on this. Do you know anything about this? A. Yes. The new law is AB 3211, effective January 1, 2019, and designed to make it easier… Read More »
Decanting: A New Way To Reform A Trust After the Death of the Trustor
Q. My brother created a trust a few years back, naming our sister as one of his beneficiaries and me as the Trustee. He recently died and we now have a problem: our sister receives public benefits (Medi-Cal and SSI) and the receipt of an inheritance would cause her to lose those benefits. Is there… Read More »
An Important Resolution For The New Year: Update Your Estate Plan
Q. My wife and I created our estate planning documents about 10 years ago and we really have not even looked at them since. Do you have any thoughts about when we should consider updating them? A. Yes, I do. I would tie a review and update into a New Year’s Resolution. Many of us… Read More »
Is There A Downside to Gifting My Home To My Son Now?
Q. I am thinking about just gifting my home to my son now, in order to minimize estate administration after I’m gone. Of course, I would continue to live here as long as possible. Do you see any downside to this plan? A. Yes, there may be a big one, depending upon how you do… Read More »
The New “Tax Cuts & Jobs Act of 2017” Makes It Important to Review Older Trusts
Q. My wife and I set up a Living Trust back in 2001, but we have never updated it. In view of the recent change in the tax law, is that something that we should consider? A. Yes, by all means! At the time you created your trust, the estate tax exemption was only $675,000… Read More »
What Is a ‘Springing’ Power Of Attorney
Q. I recently heard the term “Springing” Power of Attorney, but I am not sure what that is. Can you shed any light on this? A.. Sure. Broadly speaking, there are two general categories of financial Powers of Attorney: (1) those that are immediately effective upon signing by the principal, and (2) those that are… Read More »
Does a Will Override a Joint Tenancy Deed?
Q. A few years ago, our mother signed a Joint Tenancy Deed adding our brother to the title on her home. More recently, she signed a Last Will leaving the home equally to all three of her children. She passed away last month and we are now conflicted about who owns her home. Does the… Read More »
What Are CUTMA Accounts?
Q. As a grandparent, I keep hearing about CUTMA accounts, usually in discussions about gifts to grandchildren. What are they, actually? A. CUTMA is an abbreviation for “California Uniform Transfers to Minors Act” and, as you surmise, it refers to gifts made to minors. Minors cannot own property in their own name, as the law… Read More »