Irrevocable Trusts

Trusts can be a valuable tool for those who set them up, called settlors. When considering how to set up your California estate, it is generally recommended to establish a trust instead of writing a will. This is because trusts, as opposed to wills, are not subject to the probate process. Another reason for establishing […]

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Taxing a Probate Estate

There is an old saying that only two things are for certain, death and taxes. These two concepts are very real with respect to trusts and estates. The California Probate Code is a series of laws that contemplate what happens upon a person’s death. With death come various tax liabilities. Just as an individual who […]

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Preserving Home Value Under Probate

Suppose a person dies with a will in California that leaves a number of assets to his or her children. At this point, the will is subject to probate and must be administered by a California Probate Court. This will be a lengthy process wherein there may be several court hearings and the heirs may […]

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Avoiding Probate

People will often seek to set up a living trust containing money and property so that their children will inherit it when they pass on. California law recognizes living trusts and these are often used as alternatives to wills. In fact, it is often more beneficial to create a living trust than a will with […]

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Probate Costs

When considering drafting a will, people often first consider the cost. It is important to properly draft a will because an improperly drafted will costs much more in the long run. In addition to costs associated with drafting the will, there are costs associated with probating the will. The California Probate Code outlines specific costs […]

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Wills and the Constitution

Within the California Probate Code are several rules about drafting wills, creating trusts, executing wills, attestation etc. There are, however, conflicts with respect to other laws that are not specifically addressed by the California Probate Code. Suppose that inheriting via a will requires that the decedent give up some right in order to inherit. Does […]

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Intestate Succession

Someone who passes away without a will is called “intestate.” The California Probate Code provides rules for those who die intestate wherein the decedent’s property passes to his or her heirs. There are different rules that apply, depending on who is the next of kin. Common Law Suicide In Common Law, which is the law […]

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