Attorneys Justin M. Kennedy and Magdalena A. LaBranch-Gonzales have been selected to the 2019 California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in the state.Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process, which results … [Read more...]
What Happens to a Living Trust when a Spouse Passes Away?
In this blog article, we will address the issue of living trusts as they apply to married couples and what happens to the trust upon the passing of the first spouse.First, we will review the value of living trusts in general.Many people assume that a last will is the best choice when they are planning their estates. They believe that trusts are only useful for those who are very wealthy. However, this is not entirely true. While there are trusts that are utilized to meet the objectives … [Read more...]
Who Administers My Living Trust When I Die?
The process of estate planning involves exploring your options. You do not want to make any assumptions without knowledge of all the facts, and people often do harbor misconceptions about trusts.One of the misconceptions is the idea that you cannot handle assets that you convey into any type of trust. This is not the case when it comes to a revocable living trust. When you create and fund this type of trust, you can act as the trustee while you are alive. If you create a joint living trust … [Read more...]
What Is Digital Estate Planning?
A well constructed estate plan will leave behind a turnkey situation for the surviving family members. If you want to be comprehensively prepared, you need to consider every detail. With this in mind, we will look at digital estate planning in this blog post.More Than DocumentsCreating documents is part of the process when you plan your estate. At the same time, someone has to examine the wishes that you leave behind in the documents and bring them to fruition after your passing. You have to … [Read more...]
Should I Use a Corporate Trustee?
When you are planning your estate, you may want to consider the utilization of a revocable living trust as a vehicle of asset transfer.If you have a revocable living trust in place, you can continue to control the assets while you are alive and well. At first, you can act as the trustee. The trustee is the person who administers the trust. As the trustee you would control the actions of the trust throughout your life.The beneficiary of the trust receives monetary distributions from it. You … [Read more...]
What Is a Letter of Final Instruction?
Estate planning is going to involve the execution of legally binding documents. In some of these documents you are communicating your wishes regarding the transfer of your assets. Communication is the operative word here. When you plan your estate, you want to communicate information to relevant parties. With this in mind, we will look at the letter of final instruction in this post.Estate AdministrationIf you use a last will to state your final wishes, you are going to name an executor to … [Read more...]
What Does an Executor in San Jose CA Do?
Postmortem planning is part of the equation when you are planning your estate. Leaving behind written instructions is part of the process. However, who is going to follow these instructions? This individual would be the executor if you use a last will to state your final wishes.Duties of Executor in San Jose CAWhat does the executor actually do? There are numerous different duties that are going to fall into the hands of the executor. The extent of the work will depend on the exact nature of … [Read more...]
