An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility before being named in a Trust. Occasionally, however, Trustees are surprised to find that they have
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Resources for National Make a Will Month (August)
August is national Make A Will Month, and a good time to make sure that your planning documents are in place. Just under half of U.S. adults say that they have created a will or plan for how they would like for their estate to be handled after their death. The Trusts and Estates attorneys…
Election Results – What Could They Mean to You? Tax Updates for a Biden Presidency
2020 has been a year to remember for so many reasons: a global pandemic, the race to a vaccine, and an election with record-breaking voter turnout.
President-elect Joe Biden and his running mate Vice President-elect Kamala Harris campaigned on a platform of detailed proposals, including changes to certain areas of tax law. Here are some…
The Split Roll Initiative on the November 2020 Ballot
In 1978 California voters approved Proposition 13, a landmark measure that set—and has kept—property taxes at a low rate. This November’s ballot includes a proposition known as the “split roll” initiative that would make significant changes to Proposition 13.…
Estate Planning 101: Back to Basics
The COVID-19 pandemic has focused us all on necessities and on trying to prepare for an uncertain future. This article outlines why an estate plan is one of those necessities.…
Guess What? The Laws HAVE Changed – Avoiding a Conduit Trust Catastrophe after the SECURE Act
Like most estate planners, we always remind clients that tax and estate planning laws are subject to change and frequently do. As busy practitioners, it is impossible for us to reach out to every client when a change might affect him or her, so we remind all clients to come back to see us if…
This Time, It’s Personal: Beware The Misleading Use of “Personal Property” In Your Estate Planning Documents
It is generally accepted that “personal property” refers to all property aside from real property. But in California, that isn’t always the case when it comes to making gifts of your property in a will or a trust. California courts actually look to the language used in a document making a gift of “personal property”…
When Do You NOT have the Right to Remain Silent? Conservatorship Proceedings and Equal Protection Clause Claims
Thanks to Law and Order, we’re all familiar with the beginning of a person’s Miranda Warning: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” What many may not know, however, is that this is a right only afforded to those involved…
Casebriefs – How Recent Decisions Could Impact You
In our monthly department meetings, the trusts and estates group at Weintraub keeps current by reviewing recent cases and discussing how they could affect our practice. See below for some highlights from the past few months:…
What Aretha Franklin’s Estate Teaches Us About the Pitfalls of Handwritten Wills
Typically, only those of us who are trusts and estates attorneys geek out over the fascinating problems that handwritten wills create. But when those wills were written by a music icon worth $80 million, suddenly this topic is intriguing to a much broader audience. Aretha Franklin died on August 31, 2018. Her family was confident…