Tag Archives: Attorney

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

Posted in Estate Planning, Wills and Trusts, Legal Articles, Newsletters, Wills & Trusts | Tagged , , , , , , , , , | Leave a comment

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

Posted in Estate Planning, Wills and Trusts, Legal Articles, Newsletters, Wills & Trusts | Tagged , , , , , , , , | Leave a comment

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

Posted in Legal Articles, Real Estate | Tagged , , | Comments Off

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

Posted in Legal Articles, Real Estate | Tagged , , , , , , , , , , | 1 Comment

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

Posted in Estate Planning, Wills and Trusts, Legal Articles | Tagged , , , , , , , , , , , , , | Leave a comment

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

Posted in Estate Planning, Wills and Trusts, Legal Articles | Tagged , , , , , , , | Leave a comment

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

Posted in Legal Articles, Real Estate | Tagged , , , , | 2 Comments

Answers About Estate Planning

1. What is estate planning? Estate planning is a process. It involves people—your family, other individuals and, in many cases, charitable organizations of your choice. It also involves your assets (your property) and the various forms of ownership and title … Continue reading

Posted in Estate Planning, Wills and Trusts, Legal Articles | Tagged , , , , , , , , , , , , , , , , | Leave a comment

What Everyone Should Know About Wills

1. What Is a Will? Your will is a legal document in which you give certain instructions to be carried out after your death. For example, you may direct the distribution of your assets (your money and property), and give … Continue reading

Posted in Estate Planning, Wills and Trusts, Legal Articles | Tagged , , , , , , , , , | Leave a comment