Estate Administration & Probate

It's hardly a surprise that planning considerations adjust somewhat for most people as they age. Persons who suddenly find themselves dwelling upon matters such as incapacitation and long-term care needs are anything but an anomaly. We all age, and purposeful -- that...

Are beneficiary designations and probate property incompatible? With the help of an estate-planning attorney, they don’t have to be.Granted, contractual beneficiary designations usually bypass the probate process. As such, provisions in a will cannot be used to assign...

Although no one may like to have their private financial affairs made public, the celebrity example of the late actor James Gandolfini illustrates certain negative consequences in the extreme. The actor did not utilize estate-planning tools like trusts and non-probate...

As homeowners plan for their future, it is important to make detailed estimates of cash flow and retirement needs. A picture of cash flow and expenses, in turn, can help clarify estate-planning goals. The planning often begins with an inventory of assets that will...

Probate is a process by which a decedent’s assets can be transferred to his or her beneficiaries, and any debts of the estate can be paid. For many individuals, however, the goal of estate planning is to avoid probate. There are several reasons for this attitude....

Is estate planning affected by whether a jurisdiction is an equitable distribution or a community property state? The answer is yes, and since California is a community property estate, individuals should heed several considerations.In a community property state, the...

Children with special needs require additional planning and care. Special needs children often require expensive care for the rest of their lives. Many parents may think that it will be beneficial to simply leave inheritance in their will to their child....

Readers of this blog have been advised to keep their estate plans current. Life events may result in changed circumstances that make existing provisions in a will or trust obsolete.Take the example of moving to another state. According to U.S. Census Bureau data, this...

For individuals who want to avoid the public disclosure, administrative hassle and cost of probate, it can be important to understand what types of property are considered non-probate assets.Perhaps the most common strategy for avoiding probate is a trust. Any assets...

Beneficiaries of a will or trust might be surprised by the bequests left to them. But what happens when that initial surprise wears off? A legal challenge to a will or trust might be one outcome. Can a grantor take proactive measures to minimize the risk of an...