A revocable living trust serves as a vital tool in estate planning. It allows you to manage your assets during your lifetime and ensures a smooth transition after your death. This type of trust offers flexibility and control, making it a popular choice for individuals...
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Bay Area Estate Planning and Family Law Blog
Holographic wills can lead to problems in probate court
The idea of handwriting your own will might seem appealingly traditional. Still, these "holographic wills" can create unexpected challenges in probate court. It is essential to examine the potential drawbacks of this approach when exploring your estate planning...
What are the limitations of a conservator’s power?
A conservator takes on a significant role, providing care and managing the finances or personal affairs of someone unable to do so. However, a conservator does not have limitless authority. Understanding the boundaries of a conservator's power is crucial for both...
How does probate work with out-of-state assets?
When someone passes away, their estate often goes through a legal process called probate. This process oversees the distribution of the deceased's assets and the payment of their debts, ensuring that the court handles everything according to the law and the deceased's...
When should you relieve a trustee from estate administration duties?
In estate administration, you may encounter situations where removing a trustee may become necessary. This process can be complex and emotionally charged. Understanding the potential reasons and steps involved is crucial. Reasons you might remove a trustee Several...
Why are conservatorships a ‘last resort’ in California?
California recognizes two types of conservatorships: general and limited. Judges can grant both as a way to manage the affairs of individuals unable to care for themselves. However, judges don't grant conservatorships easily. They must first consider whether it's...
How can probate impact small business owners?
Small business owners are no strangers to hard work and dedication. You’ve poured your heart and soul into building your business, and it’s likely your most valuable asset. What happens to your business if you were to pass away or become incapacitated? The answer may...
Can I contest the conservatorship of a loved one?
As they age, the older adults in our community may require additional support and care to ensure their well-being. This is why conservatorship exists. It is a legal arrangement that grants a responsible individual the authority to make decisions on behalf of the...
The differences between revocable and irrevocable trusts
When it comes to estate planning, trusts play a vital role in managing and distributing assets. Two common types of trusts are revocable and irrevocable trusts. Understanding the key differences between these can help you make informed decisions about your estate....
Who can be a conservator for an elderly loved one?
Seeing loved ones struggle with daily tasks and finances as they age can be heart-wrenching. When they need assistance managing their affairs, appointing a conservator can offer the necessary guidance and protection. The court often prefer family members or close...