Blogspot - calestateplanning.blogspot.com - Estate Planning in California
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No-Contest Clause 23 Aug 2013 | 03:24 am
A no-contest clause is verbiage found in a testamentary instrument that discourages a beneficiary from challenging the validity of the instrument by causing forfeiture if an unsuccessful challenge is ...
Power of Attorney Abuse 15 Aug 2013 | 02:43 am
A power of attorney is a very practical tool that can make life much easier for the principal (the person granting power of attorney). For example, if the principal is unable to manage their financial...
Self-Dealing - Breach of Fiduciary Duty 9 Aug 2013 | 03:38 am
Avarice - Jacob Matham When a person acts in a fiduciary capacity, the interests of others are given priority. In terms of a trust, the trustee acts as a fiduciary for the beneficiary. Therefore, the...
Recording a Deed 5 Aug 2013 | 10:54 pm
If you don't have time to do it right, when will you have time to do it over?" Albert Einstein. When it comes to writing and funding a revocable trust, there are no repeats or do-overs. I am pretty ....
Estate tax for nonresident non-U.S. citizens 31 Jul 2013 | 03:11 am
The estate tax applies to all U.S. situs property regardless of whether the owner is a U.S. citizen or not. The key though is that the applicable exclusion amount is much different for a U.S. citizen ...
Holographic Will 22 Jul 2013 | 10:10 pm
A person should not expect the best results when they haphazardly do anything in life, estate planning is no different. Estelle Elsa Manwell was a wealthy Californian. According to court documents, s...
Death and taxes 12 Jul 2013 | 03:34 am
"In this world nothing can be said to be certain, except death and taxes." Benjamin Franklin, as quoted in a letter to Jean-Baptiste Leroy in 1789. Given this certainty, taxpayers respond by engaging...
Ademption by Satisfaction 28 Jun 2013 | 03:55 am
When a beneficiary under a will receives their inheritance prior to the testator's death, the question then becomes whether or not the devise is satisfied. This is known as ademption by satisfaction. ...
Probate referee 20 Jun 2013 | 03:14 am
When a petition for probate has been filed and granted, the estate's personal representative is entrusted with collecting the decedent's assets and appraising them. While the personal representative m...
Disqualifed donee 15 Jun 2013 | 04:09 am
When a person writes a will and/or trust, there are certain individuals who are generally barred from being a beneficiary of said testamentary instrument. One class of individuals is the drafter of th...
