Posts Tagged ‘probate avoidance’
What Does a Trustee Actually Do?
You’ve done the right thing. You set up a trust, you signed the documents, and you tucked everything away knowing your family is protected. But here’s a question we hear all the time from clients, usually after they’ve named someone they love as their trustee: “Wait… what exactly are they going to have to do?”…
Read More“We’ve Been Putting This Off” — A Real Story About Why Trust Administration Can’t Wait
Names and identifying details have been changed to protect client privacy. When Margaret walked into our office, she came with her two sons by her side. Her husband of 52 years, Robert, had passed away just a few months earlier. He had been the one who managed the finances – the bills, the accounts, the paperwork. Margaret…
Read MoreA Dementia Diagnosis Changes More Than Healthcare: Seven Legal Moves to Make While You Still Can
With dementia cases in the United States projected to double by 2060—and nearly 42% of Americans over age 55 estimated to be at risk of developing dementia—a diagnosis is something that more and more families will face. The statistics are sobering, but they become much more meaningful when they affect someone you love. When occasional…
Read MoreThe Window of Opportunity: Legal Steps to Take When You First Notice Memory Problems
You have been seeing the signs for months. Mom or Dad has not quite been themselves lately. They are forgetting things more often—appointments, addresses, payments, and names. The other day, they got lost going to a place they have visited for years. When you try to bring it up, they brush it off. “I’m getting…
Read MoreWhy Putting Your Kids on Title to Your House Can Be a Huge Mistake
One of the most common things we hear from prospective clients is, “My friend told me I should just add my kids to the title of my house so they avoid probate.” At first glance, it sounds simple enough. Many parents believe adding a child to title is an easy, inexpensive shortcut to avoid court…
Read MoreWhy DIY Estate Plans Often Fail When Families Need Them Most | San Clemente & Laguna Hills Trust Lawyer
Over the last several years, online “do-it-yourself” (or DIY) estate planning has exploded in popularity. For a relatively low cost, websites promise families they can create a trust, will, powers of attorney, and healthcare directives in less than an hour, all from the comfort of their couch. And on the surface, it sounds appealing: Save…
Read MoreCan You Change Your Estate Plan After a Dementia Diagnosis?
One of the most difficult conversations we have with families is when someone comes into our office after receiving a diagnosis of dementia, Alzheimer’s disease, or another form of cognitive decline and asks us, “Can we still update Mom or Dad’s trust?” or “My wife and I want to make changes to our estate plan.…
Read More“Can’t You Just Amend My Trust?” — When Amendments in Estate Planning Can Go Wrong (and a Better Approach)
A couple of months ago, a prospective client came into our office carrying a thick folder that looked like it had survived two decades of life changes, moves, and filing cabinets. Inside was a 20-year-old living trust she had originally created with her late husband. At first glance, her request sounded simple: “Can’t you just…
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