I’m a father, husband, and estate planning lawyer practicing across all of California. I focus in helping families create customized estate plans that ensure their wishes are respected during their lifetime and their assets are protected after they pass. From drafting living trusts and wills to navigating the probate process, my services are designed to provide peace of mind and safeguard legacy for future generations. With excellent reviews from former clients, I’m known for delivering personalized, reliable legal advice to clients. Whether you’re looking to avoid probate, set up a revocable trust, and control your legacy, I’m here to guide you through every step of the estate planning process. As a California estate planning attorney, I’m committed to helping you secure your family’s future with comprehensive solutions that cover everything from trust administration to asset protection and beyond. Let’s work together to ensure your estate plan is complete and effective.
What if only one spouse's name is on the home's warranty deed and that same spouse is the only name listed on the home's mortgage? 1) If that couple wants to place their home into a revocable living trust, must the spouse whose name is listed on the deed and the mortgage notify the bank that his spouse will be a co-trustee - who now will also own the home? 2) And if yes, what documents in your experience does the lender typically require be drafted in order to satisfy its underwriters since the spouse whose name is NOT on the warranty deed and home loan will now have ownership of the home as co-trustee (eg, assumption warranty deed, assumption agreement, etc)?
QUESTION: Does this apply to deceased parents who own and had refinanced their home? My mom wants me to keep her home without being trapped with her mortgage when she is gone. Not sure how to honor and act on that responsibility.
I want an EIN for my revocable trust, because I want to avoid using my social security number, am I allowed? I only want to add life insurance policies, no money or property, avoid creditors and taxation… please help ty😊
$50,000 to transfer a house in California sounds way to expensive. When my mother dies the house was not in the trust name so it had to be probated. The lawyer charged $2,500 which is a lot more reasonable then $50,000.
If there was a trust and the house just didn't make it into the trust, there is a very specific motion that can be filed to place it into the trust, without going through the full probate process, which may be what happened in your situation.
My sister left me as beneficiary on her Vanguard traditional retirement account. But she owed Medical and care home expenses.....is it protected because she named me as the beneficiary or will they take that money?
My sister left me as beneficiary on her Vanguard traditional retirement account. But she owed Medical and care home expenses.....is it protected because she named me as the beneficiary or will they take that money?
When looking at brokerage account statements I do not see Individual - TOD. Do all brokerage accounts print that TOD part on the mailed printed statements?
Only basic account name and address are on statements. The TOD is going to be its own form or web page on the broker's website. Check under your profile first.
I have TOD titles to my vehicles and a TOD deed to my house. I'm in Virginia. I was the first in my county to register such a deed, but it makes so much sense to me that I don't understand why it isn't widely used. I only had to pay the $10 per vehicle to updte my titles to this form. It takes a minimum of 12 days here to get a death certificate. The thieves are watching the death notices to plan their break-ins. What I've been unable to learn; what is not in writing, is what happens to your homeowners insurance and car insurance, when you are no longer alive. NOBODY owns the vehicles or property until the death certificate is printed, purchased , mailed, received; and then presented to the authorities. This could easily be addressed by a few pragraphs in the insurance contracts, and since it is not, I have to assume they could not be trusted to provide uninterrupted coverage. I would NEVER put any stock in assurances received over the phone. Any thoughts on this inscrutable question?
So no need for a living trust then, if we are joint tentants with right of survivorship. Just want to clarify, I want my brother to take over if I pass away. So no probate will come in action??
Oh my God listening to all of this stuff makes me really just count the days until I’m no longer here and never ever ever have to deal with trusts or money or finances or any of it it’s all just so over-the-top and ridiculous. All anyone cares about is money and what they can do and get for themselves. as far as I’m concerned the government can take my entire estate, car collections assets and everything else and shove it up there you know what because where I’m going I won’t need it
This needs more clarification. For example, if a child inherits a property from a parent and moves into the property within a year, the child may or may not inherit the same property assessment as their parent. It depends on the difference between the market value and the assessed value. If the difference is more than $1M, then the assessed value (used for taxation purposes) will go up. If the difference is less than $1M, then you do inherit your parents' assessed value. Also, if a child inherits, for example, 4 properties, the assessed value of the properties the child is not living in will go up to market value... immediately. If you think this is a pain, try living in Texas where property taxes are over 2X CA and there is nothing like Prop 13. Your property goes up in value 20% in one year, your next property tax bill will be 20% higher. Yee Haw!
Depends what you mean by added. Trustee? Beneficiary? Both? Is she supposed to inherit the home when you pass away? If so, will she be living there? Is Home supposed to be put in her name? Or is it supposed to remain in the name of the trust?
Hello, I have a unique situation and I need advice. My husband and I don’t have a will or a trust- yet. We have a business/ Money and property. He has two biological daughters (that are not mine) and I have one biological daughter (that is not his) my first question is: if we don’t have a will or trust in place and he passed away, would I automatically get to keep everything? And if not, what would his biological daughters have rights to? Secondly, if we were to write up a trust or will now, would we have a second trust in my name in case I passed away before him and would I be able to have money go to my biological daughter? Kinda complicated but the over all question is : We want to split our assets between all of our children fairly if something were to happen. However, if he were to pass before me, he doesn’t want me to have to sell our home or share money with his kids until I passed away and vice versa. Does this makes sense? Also, my name is not on the deed to our home.
@@Estateplanlawyer I'm in Florida. My parents owned their house with a will in place and still had to go though probate, which was about $3,500. Maybe you should mention that your info is based on California in your video. That is another universe out there. I'm curious. If the idea is to make sure that creditors get their fair share of the debts paid off before the family gets their inheritance, what is the legal rational that a "family trust" legally circumvents that?
Placing home or vehicles in a trust. May make the trust open to civil suites. If accident or injury occur on the property or by vehicle. There by making the trust responsible.
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If a trust is being paid out with two houses funding it, and on the first house has one small loan an the other house is five times the loans there is two people the trustee an the benifishar both get 50% of trust my question is once the property is sold the loans are paid from that or can the trustee put more loan on the benifishar?
Interesting. I live in Connecticut. My mom passed last year. The total value of her estate between all her accounts and condo, it was about 340k. The probate lawyer said something about estate taxes. It seems we’re way under the threshold for that, no??
