A “Living Will” is a document that allows you to legally set forth your health care wishes. In a comprehensive estate plan it is commonly included as a part of a “Advance Health Care Directive”.
Probate
How to Remove a Personal Representative of an Estate in California?
A Personal Representative in a probate (an “Executor or Executrix” if the person was named in the decedent’s Will, or an “Administrator” if not named or no Will existed) is the individual appointed by the Probate Court to faithfully administer a decedent’s estate for the benefit of the decedent’s creditors and beneficiaries. Failure to perform his/her duties faithfully could be cause for removal
7 (Simple) Ways a Carlsbad Probate Attorney Can Help You
Nobody likes to think about their death. This makes putting together a Trust or Will a difficult decision, that is often avoided. Regardless of these feelings, we all have to…
(Estate Planning Terms) The Difference Between a Trustor, Settlor, Grantor, Trustee, and Beneficiary.
Estate Planning is much easier to digest if you have a solid understanding of the terminology. Understanding the terms Trustor, Settlor, Grantor, Trustee and Beneficiary will allow you to better…
What Happens if I Die Without an Estate Plan?
When a California resident dies without a Will, he/she has died “intestate”. This is a legal term meaning the person died without documenting his/her wishes for distribution of his/her estate.
The Difference Between a Will and a Trust
What is the difference between a Will and a Trust? Wills are potentially subject to Probate, whereas well-drafted and fully funded Trusts generally are not. In other words, if you…
Estate Tax Considerations
Tax Planning Benjamin Franklin is oft’ quoted as saying “there are only two certainties in life, death and taxes”. With a United States tax code hundreds of times longer today…
Is my Estate Subject to Probate?
Ask yourself the following questions for each and every asset you own: Probate is a complex process. At the best of times it can be overwhelming. See below a Probate flowchart for…
What to do when Someone Dies
Provided below is a general checklist of “things to do when someone dies”, whether it be a friend or a family member. More often than not, the action items below…