Helping to keep our community informed is important to us. We get out into the community on an ongoing basis to provide helpful information to people here in the greater San Jose area. To this end, we present an ongoing series of informational workshops covering various elder care and estate planning topics. Our workshops and seminars are free of charge and open to the general public. During the month of September, we will be offering seminars that focus on the subject of living trusts. Why … [Read more...] about Free Living Trust Seminars in September
Who Is Competent to Make a Will?
Just about everyone has heard of the estate planning document called a last will or last will and testament. If you create a will, you are called the testator. In order for a will to be valid in the state of California, the testator must be a mentally competent adult who is not being intimidated or coerced in any way. The testator must sign the will in front of two witnesses, and the witnesses must also sign the will. After the passing of the testator, the will is admitted to probate. During … [Read more...] about Who Is Competent to Make a Will?
What Is a Self Proving Will?
You could potentially use a last will as the centerpiece of your estate plan. In order for a last will to be valid in the state of California, certain conditions must be met. The person who is creating the will is called the testator. The testator must be an adult who is of sound mind when the will is being created, and there must be no fraud or coercion involved. Two adults must witness the testator signing the will, and they also have to sign the will. Notarization is not necessary in the … [Read more...] about What Is a Self Proving Will?
Why Would I Need a Trust if I Have a Will?
Estate planning is not a one-time event. Your initial estate plan is going to be devised based on the way that your life was at that time. It is like a snapshot, but life goes on after that day. As your life changes, your existing estate plan could become obsolete. As a result, estate planning should be viewed as an ongoing process. If you used a will when you put an initial estate plan in place because your family was small and your life was uncomplicated, this is understandable. At the same … [Read more...] about Why Would I Need a Trust if I Have a Will?
What Are the Formal Requirements for a Valid Last Will?
The last will or last will and testament is an estate planning document that most people have heard about. In the past, the last will was used to transfer real property, and the testament was a document that was utilized to transfer personal property. These days, the last will is typically used to transfer both types of property. Before we look at the formal requirements for a valid last will, we should point out the fact that you have other asset transfer options when you are planning your … [Read more...] about What Are the Formal Requirements for a Valid Last Will?
Do I Need a Lawyer to Draw Up a Last Will?
Now that we are firmly embedded in the digital age, a do-it-yourself mindset has developed. People often search the Internet to find out how to do things, and you can tackle many different types of tasks on your own. However, the key is to know where you should draw the line. There are websites on the Internet that will sell you boilerplate, template legal documents, including last wills. Do you really need a lawyer to draw up a last will when you can download a worksheet off the Internet and … [Read more...] about Do I Need a Lawyer to Draw Up a Last Will?
Should I Change My Living Trust When I Acquire Assets?
A revocable living trust can provide you with a number of different benefits. One of them is the ability to make changes to the trust after it has been established. If you were to establish a living trust, you would create a trust declaration, and this would dictate the terms of the trust. You would typically act as the trustee initially, but you would name a successor trustee to take over after you pass away. The beneficiaries would also be named, and you would leave behind instructions with … [Read more...] about Should I Change My Living Trust When I Acquire Assets?
What Questions Should I Ask an Estate Planning Attorney?
There are a lot of things that you should know when you are devising your estate plan. If you do not act in a fully informed manner, you could make mistakes that negatively impact your loved ones. When you discuss things with a licensed estate planning attorney, you can go forward in a fully informed manner. Ultimately, you can emerge from the interaction with a personalized estate plan that ideally suits your needs. In this post we will look at some questions that you may want to ask your … [Read more...] about What Questions Should I Ask an Estate Planning Attorney?
Do I Pay Taxes on Living Trust Income?
When you understand some things about estate administration, you can see why so many people decide to use revocable living trusts. If you hold on to your property throughout your life and arrange for its distribution through the terms of a last will, the heirs to the estate will have a significant waiting period on their hands. The estate administration process takes place under the supervision of the probate court. After your passing, the executor or personal representative would be required … [Read more...] about Do I Pay Taxes on Living Trust Income?
Is DIY Estate Planning Effective?
The process of estate planning involves the execution of legally binding documents. It is possible to purchase generic, template documents online. There are companies that sell last wills and other estate planning documents. Is DIY estate planning effective? Let's look at the facts. Choosing the Right Documents When you think about estate planning, you may assume that you should use a last will to state your final wishes regarding the distribution of your assets. It is possible that a last … [Read more...] about Is DIY Estate Planning Effective?
