Tag Archives: trust

DIY Death Transfer by Deed Is No Substitute for a Good Estate Plan


Joint Tenancy or California’s new “Transfer on Death Deed” May Help with Do-It-Yourself (DYI) Planning, But It Is Easy to Make Mistakes.  Existing law allows a “joint tenancy with right of survivorship” deed (“JTWROS”), which gives two or more persons … Continue reading

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Top 10 Mistakes People Make in Estate Planning, Wills and Trusts: # 10 – Failure to Plan for Liquidity


Failure to Plan for Liquidity is a common error. This mistake can occur regardless whether you’ve made a Will or estate plan, and even if you have a trust. For example: →  You want to keep your vacation home available … Continue reading

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What to Expect When You See a Lawyer About Estate Planning (Part Two)


What Happens in the Estate Planning Process After the Initial Consultation. Different lawyers conduct estate planning in different ways.  Part One of this post topic explored the initial consultation. This post discusses what happens after that consultation. The basic phases … Continue reading

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What to Expect When You See a Lawyer About Estate Planning (Part One)


What Happens When You See a Lawyer About Estate Planning? The basic phases of estate plan creation are: initial consultation; information gathering and planning; drafting; review; and signing. Afterward, there are funding steps and there should be ongoing review and … Continue reading

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What I Love About Estate Planning


Estate planning is my favorite area of law.  I’ve been a lawyer for more than twenty years and have practiced in several areas of law, including trial work, divorce, public agency law, real estate, business formation, transactions, and appeals. I … Continue reading

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What is a Trust Proceeding?


A “trust proceeding” means an action or proceeding in court concerning a trust. In California, most trusts do not need court supervision and never come before a judge unless there is a problem. Many trusts never wind up in front … Continue reading

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Whose Social Security Number or EIN Do I Use for a Trust?


Taxpayer I.D. Numbers for Estates and Trusts. Whose Tax I.D. Number Do I Use for a Trust? There are two types of taxpayer identification numbers a Trust might need to use, depending upon what kind of trust it is — … Continue reading

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How Long Does a Trust Last?


A Trust can last almost as long as its creator wants it to last,  but there are some limitations and those vary from state to state. In most states, a Trust cannot last longer than about 21 years after everyone … Continue reading

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Why do I need a Power of Attorney if I have a Trust?


Even if you have a Trust, you still need a Power of Attorney  because it applies, during your lifetime, to management and control of your property that is not in a Trust. Certain property does not get put into your … Continue reading

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What is the difference between a Will and a Trust?


There are many differences between a Will and a Trust,  but the most basic differences are: (1) A Will only takes effect when you die, but a Trust can be operative during your lifetime and/or after your death. (2) Property … Continue reading

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