Category Archives: Legal Articles
When Estate Tax Law Change Is The Only Constant, Keep Your Estate Plan Flexible
As an estate planning attorney, I find it extremely frustrating to not know what the estate tax law will be when my client eventually passes away, since this makes the very idea of “planning” problematic. The window between when an estate … Continue reading
Lifetime Gifts: Is Massive Gifting Before The End Of 2012 A Good Estate Planning Strategy?
Some estate planners have urged their clients to make large lifetime (inter vivos) gifts to their heirs in 2012, when the current federal gift tax exemption is $5.12M, and the federal gift tax rate is 35%. We don’t know what … Continue reading
Estate Tax Law Changes: 2011, 2012 and Beyond
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act (“TRUIRJCA” or “TRA 2010″ for short) was signed into law on December 17, 2010. It was a compromise bill and, as such, it suffers from two major defects: it leaves … Continue reading
Essentials of Trust Funding
By itself, having a living trust document drafted and notarized will not effectuate the beneficial intentions of your estate plan. The problem is that a living trust will only accomplish your goals if you properly “fund” it. You have to … Continue reading
But, What Will Happen to Fluffy When I Die?
For many Americans, pets are more like a family member than a piece of property. Yet, more than 500,000 pets are euthanized in the U.S. each year because owners die or become incapacitated. The law treats pets as mere property, … Continue reading
Common Types of Real Estate Litigation
Fraud / Non-Disclosure of Defects After a sale is complete, there are often disputes regarding sellers’ alleged failure to disclose to the buyer material defects regarding the property, including structural problems or additions made without proper permits. Quiet Title When … Continue reading
Key Provisions of California Residential Landlord-Tenant Law
A. Tenancies and Rental Agreements A residential tenancy is created by a rental agreement, which may be either oral or in writing, express or implied, for a fixed term or on a periodic basis (i.e., month to month). If for … Continue reading
Duties of a Successor Trustee
If a decedent had a properly drafted and funded trust, probate is generally not required. Unlike a will, a trust is a private document and need not be filed with the probate court. Nonetheless, the successor trustee must still take steps to administer … Continue reading
Frequently Asked Questions About Probate
1. How long does a California probate proceeding take? A “short” or “summary” probate proceeding can take as little as approximately 30 days. However, not every estate qualifies for the “short” or “summary” probate proceeding. A “full” formal probate proceeding … Continue reading
California Short Sales And Deficiency Judgments
There are numerous realtors who promise to obtain a short sale for your underwater property, claiming that this will allow you to walk away from the property without further liability, while preserving your creditworthiness. They tell their clients that California … Continue reading
