Newman Law Group

July 2019 Archives

Definition of terms can impact one's heirs

In this day and age, it is not unusual for people to marry multiple times and/or to have children out of wedlock. These situations can complicate inheritance and estate planning for the families involved. A recent case in California illustrated the potential complexity of this issue. How terms are defined in one's estate plan can have significant bearing on the identity of one's heirs.

Peace of mind is a priceless gift to bequeath to one's heirs

As young people in California reach adulthood, marry and begin families, the issue of an estate plan may cross their minds. But as with so many things at that age, death seems far away and the overwhelming task of facing one's own mortality can become something to be handled tomorrow. The idea of having heirs and an estate to pass on may be a foreign one, as the idea of estate planning often conjures up images of transferring vast sums of money to one's heirs. The majority of people do not have significant sums of money, but that is not necessarily the principal reason for having a plan.

Designating a power of attorney can prove comforting as one ages

The California population is aging and many seniors live alone. A sad medical statistic reveals that many of these people may be in danger of having their financial affairs taken over by a stranger. People over 50 are at an increased risk of falls that can result in broken hips. One in three of those people will become incapacitated and die within 12 months of the fall. Failure to designate a power of attorney or create a health care directive can result in someone unknown to the individual making medical and financial decisions.

Trusts as a tool for reducing estate taxes

Estate taxes in California can be on the high side, amounting to as much as 13%. Reducing estate taxes is a goal of many people, and they will go to extraordinary lengths to accomplish it. This includes even moving out of state prior to an expected increase in income from an event, such as the sale of a company. A recent Supreme Court decision may provide another way.

Asset protection and virtual currency

Bitcoin and cryptocurrency are terms that have entered the vernacular in recent years and are becoming recognized as forms of legitimate assets. The currency can be traded between owners or converted to legal tender. There are elements of it one might want to be aware of when it comes to asset protection and estate planning in California.