Estate Planning Practice Blog: Estate Planning

Home -> Law Blog Directory -> Estate Planning Blogs

Estate Planning

Estate Planning Practice Blog

A compendium of matters involving estate planning and probate in California

Post Frequency: 0.3/day

Last Entry: August 27, 2009 at 15:59:10

New & Redesigned Blog Coming Up!

Posted on August 27, 2009
Since our last post was about Michael Jackson's death in June, it may seem that his passing has caused the lack of posts since then. But in reality, the blog is being moved to a new domain, new host and...

Celebrities Die Just Like the Rest of Us.

Posted on June 25, 2009
Three very notable celebrities have died. Ed McMahon, Farrah Fawcett and now Michael Jackson. Each had families. Each had loved ones. Each had assets. And each had potential contestants to their estate. Did each have an estate plan in place...

Is It Worth It?

Posted on June 10, 2009
Is it worth it to hire an attorney to draw up a will, trust or other estate planning documents? Kiplinger.com on personal finance and business says it is worth it. They posted a fun 10 question quiz about is it...

Standard of Care: Quick Analysis for Estate Planning Attorneys

Posted on June 01, 2009
Estate planning attorneys must always be cognizant of issues surrounding capacity and incapacity of their cilents when preparing and executing estate plans at their client's direction. Here are some recent thoughts about standard of care required by an estate planning...

To access blog feed reader register for free. (You will also learn about new ways to read and access the freshest law blogs.)

A Day In Conservatorship Court

Posted on May 06, 2009
Probate courts typically hear certain types of matters on certain days. This is true for especially larger courts that serve a larger population. Take for example, Orange County Superior Court's probate department located at the Betty Lou Lamoreaux Justice Center...

Your Children and Their Inheirtance.

Posted on May 05, 2009
When you set up a living trust -- you will be faced with some choices on how to handle or set up your children's potential future inheritance. (I say potential because you could die broke.) This is where a good...

A Few Probate Q&As

Posted on May 01, 2009
We handle probate cases as a routine part of our practice. Probate for an experienced attorney with no issues (meaning no contests or uncooperative beneficiaries) is very straightforward. That said, the act of opening probate and probate an estate is...

Alone? How about some EP documents as preventative medicine?

Posted on April 15, 2009
I made a court appearance regarding a conservatorship matter earlier this week. We represent a conservator who is a friend of the conservatee. What happened to the conservatee -- she's a nice lady in her late 60s and lives alone....

Trust Admin Process in a Nutshell.

Posted on March 26, 2009
The Trust Administration process after the settlor or settlors have died is usually thought of in four phases. This is assuming that for a single person trust that the person who created the Trust, the settlor, has died. This is...

Tax Season -- Great Reminder to Consult with Professionals.

Posted on March 20, 2009
Tax season has fully descended upon all Americans. (Also, Girl Scout cookies as well. Girl Scout cookies are much more palatable!) I received a complimentary copy of Roni Lynn Deutch's book, The Tax Lady's Guide to Beating the IRS and...

Filing Fees Continue to Increase.

Posted on March 18, 2009
Filing fees for the Superior Court of Los Angeles County went up for 2009. You don't always realize how much court fees are until you have to ask your client to pay them. Sometimes the fee are cost-prohibitive and that...

Television Show ER's Last Season: Organ Donation In Prime Time

Posted on March 13, 2009
The television show ER is in its final season. All of the former stars and characters are coming back. Remember Dr. Benton? Or how about Dr. Ross? Last night's episode focused partially on organ donation. It was a poignant reminder...

Kids and Estate Plans. No Excuses.

Posted on March 11, 2009
I am constantly amazed at how many parents do not have an estate plan in place to protect their minor children. It's one thing not to be overly concerned when your children are older, but if you have minor children...

Joe Lumsdaine, Superlawyers 2009 & Lawyer of the Year

Posted on February 04, 2009
Dear Readers,Our lead attorney for the probate, probate litigation and trust litigation team, Joseph A. Lumsdaine, was recently honored as both a Superlawyer 2009 by Southern California Lawyers and as Lawyer of the Year by the Southeast District Bar Association...

Immortal Fame: Publicity Rights, Taxation, and the Power of Testation

Posted on February 03, 2009
Joshua C. Tate, Assistant Professor, Southern Methodist University, Dedman School of Law, has written numerous scholarly articles involving the area of estate planning and related matters. We are fortunate to receive notification when he has released new articles...

Great Analogy About Eating Delicacies and Your Estate Plan.

Posted on January 30, 2009
A Friday funny, perhaps? This topic was circulating on one of my email groups for solo and small firm attorneys. It's a great point being made about going to someone who has the proper credentials (i.e., an attorney) and has...

Can You Afford Breakfast?

Posted on January 23, 2009
Then you can afford an extra measure of asset protection via your regular fire insurance policy on your home. Most of us call it homeowner's insurance policy, but the agents call it fire insurance. In any event, I made a...

Thoughts on Durable Powers of Attorney.

Posted on January 16, 2009
Typically a durable power of attorney can become effective in two ways.First, it can be effective immediately upon execution.Or, second, it can be made effective upon incapacity of the principal. If it is effective immediately, then the agents named in...

That Little Umbrella Insurance Policy Isn't So Little.

Posted on January 09, 2009
Here's an idea for you for the New Year. Check to see if you have an umbrella liability insurance policy. And if you don't have one, get one!It's been said over and over again, but you cannot have too much...

Medical Decision Making.

Posted on January 08, 2009
The most common document prepared by California attorneys for estate planning as it relates to medical decision making is the Advance Health Care Directive. There are also two other documents that involve medical decision making. One is called the Living...

Back to Basics.

Posted on January 07, 2009
I was talking to a well respected CPA who handles large estates (meaning large enough to have to file a federal estate tax return, which as of this year 2009 means an estate with a value of more than $3.5...

Scam Involving a Minor Fender Bender and Elderly Adults

Posted on December 18, 2008
Our local internet news source, LongBeachReport.com, (at www.lbreport.com) has posted a very interesting scam today involving our elders and minor traffic accidents. LongBeachReport warns of recent incidents involving a very minor bump to the rear bumper of an elderly driver...

Visiting With Elderly Loved Ones.

Posted on December 10, 2008
The holidays are a time when people get together. Sometimes people don't visit with their elderly loved ones as regularly as they would like to, but during the holiday season everyone always makes time to visit and spend time with...

Nominating a Guardian At the Last Minute.

Posted on December 09, 2008
What does that mean? Nominating a guardian at the last minute? Today, I visited a client at Harbor-UCLA Medical Center to execute a Will. She was concerned about having the right person nominated as guardian for her two teenage children....

End of the Year Gifts.

Posted on December 05, 2008
One of the best gifts to give your family is a well executed estate plan. This means having the right documents in place for your situation. Transferring your assets to your trust if you set one up and then making...

Yes, We Do Probate.

Posted on December 04, 2008
It is almost a given that when an attorney says he or she does estate planning and trust administration that their practice also includes probate. Probate is the court process of determining title of assets belonging to a decedent who...

Your Trust and Its Schedule A.

Posted on November 21, 2008
Does your living trust have a Schedule A attached to it? If your answer is No, do not past go and contact your estate planning attorney now to prepare a Schedule A.If your answer is Yes, stop and review the...

Knowing Your Estate Planning Attorney

Posted on November 19, 2008
Last week I made a home visit to a long time client. Her husband recently passed. They always had trouble traveling to our office. And I always made a point to schedule home visits with her and her husband regarding...

Trustees for Blended Families.

Posted on November 08, 2008
Estate planning is a must for blended families. Families where there are children from a prior marriage or a relationship need estate planning to make the parents' wishes known and protect all of the children involved accordingly. A three-way marital...

Elder Care Resources and Geriatric Care Managers.

Posted on October 23, 2008
Last week, the local Long Beach paper featured a local Long Beach based website and company focused on providing resources for elder care called AgingPro.com. The person behind the website was selected by Oprah's magazine to participate in a Women...

WSJ Article on Estate Planning in Dire Times

Posted on October 21, 2008
Click here to read a fascinating article on estate planning and why now is the time to do it. It was a dark and stormy night... (oh, that's Snoopy, read the wiki on it here.)The economy is a mess, home...

Have a question? Have a new matter?

Posted on October 09, 2008
Have a question? Have a new matter? Want to schedule a consultation? Email us with your inquiry! We are always happy to assist when we can.

Save the Date Cards.

Posted on October 09, 2008
Funny how save the date cards have become prevalent these days. Save the date, we are getting married! Save the date, it's a party! Save the date, etcetera etcetera. Yesterday at a presentation for the Lakewood Chamber Women in Business...

FDIC Insurance Limits Raised

Posted on October 08, 2008
Effective October 3 through December 31, 2009, President Bush signed a law raising the FDIC depositor insurance coverage limit to $250,000 per account subject to rules and upward adjustments. See this link from the FDIC for more information. As always,...

Can You Witness a Will and Still Take?

Posted on September 27, 2008
Can an interested party be a witness to a will? In other words, the will leaves you something and you are one of the witnesses subscribed to the will. Is the gift in the will to you invalid? It depends....

Notary Issues: (1) Name Changes and (2) Not Driving?

Posted on September 26, 2008
Name Changes.If you recently changed your name and own real property, please consider doing a quitclaim deed from your old name to your new name while you still have identification for proper notarization. We had a situation come up where...

Same Sex Marriage Primer

Posted on September 25, 2008
Marriage involving a same sex couple is now legal in California. There have been many questions as to how this is handled. Please click here to open up a question and answer sheet prepared by a coalition of agencies interested...

How Long Should Probate Remain Open?

Posted on September 22, 2008
Speaking of probates, an estate should be opened for no longer than one year or 18-months without filing a petition to close or a status report. If you are a beneficiary to a probate estate opened longer than this time...

What If Your Bank Fails?

Posted on September 19, 2008
On everyone's mind these days... check out Liz Pulliam Weston's webarticle on this very timely topic. She has excellent information and things to ponder. Click here for more information. On a related topic, with regards to living trusts, make sure...

What Do We Do?

Posted on September 02, 2008
Attorney E.J. Hong from Palo Alto, California provided a succinct answer to what we do as individual attorneys: "I'm an estate planning attorney, I do wills, trusts and probate law." E.J. also provided this additional commentary as to what estate...

September Monthly Update

Posted on September 02, 2008
Check our August Update for information about our upcoming Law Day and Open House event on September 18 and our new office at the beautiful World Trade Center. Need Legal Advice? You are welcome to contact Tredway, Lumsdaine & Doyle...

Questions to Ask Your Attorney Before You Hire Him or Her for Your Estate Plan

Posted on August 28, 2008
The local Long Beach legal newspaper, The Reporter, published an interesting article called, "The 6 Questions You Must Ask the Attorney Before You Spend a Dollar on Estate Planning." While we don't want to copy the article verbatim, this post...

Even Estate Planning Attorneys Have An Estate Plan

Posted on August 27, 2008
One of the key mantras in life is to do for yourself what you advise others to do. So, if you meet with a financial advisor with young kids who is pushing an education (Coverdell) IRA, 529 savings plan or...

Basic Advice: Set Up a Living Trust

Posted on August 19, 2008
Suze Orman, from O (Oprah) Magazine, strongly advises her readers to set up living trusts. Here is what she has to say: In What to Do When a Family Members Abuses an Inheritance in this month's O Magazine and featured...

Monthly Firm Update

Posted on August 18, 2008
Need Legal Advice? You are welcome to contact Tredway, Lumsdaine & Doyle regarding your specific situation for legal representation in all matters including estate planning, trust administration, probate and related litigation. Email inquires always welcome -- Jennifer Sawday or Monica...

Estate Taxes

Posted on July 29, 2008
Most people don't realize that we have two systems of taxation. One taxes income as it's earned; the other taxes wealth as it changes hands. During a person's lifetime, we call this transfer tax the gift tax. At his or...

Plain Language Matters Even In Estate Planning

Posted on July 21, 2008
Plain language? Is that even possible? And with drafting wills and trusts? Read on... One thing that good lawyers try to do is use plain language in their writings that can be understood by the opposing party, the court and...

Is Your Money Safe?

Posted on July 15, 2008
We have had lots of questions from clients in the last few days regarding the status on the federal takeover and failure of IndyMac Bank. Our strong advice is to be sure to break up your accounts into increments of...

Don't Leave A Mess for your Loved Ones

Posted on July 03, 2008
Upon your death, your loved ones will be grieving your loss. Don't make the process more difficult by failing to properly plan for your death. Here are some things to avoid in order to ensure your final wishes are met...

From Delia: Helping Debtors Become Savers

Posted on June 29, 2008
From time to time, Delia Fernandez will author a guest post on our blog. [Disclosure: There is no express or implied relationship or financial ties between Delia's practice and Tredway, Lumsdaine & Doyle, LLP.] With the cost of living going...

What do you do when someone dies?

Posted on June 26, 2008
When a family member dies, there's work to do. But thinking through what tasks must be done, by whom and when, can be all but impossible. Keep this guide handy. More of us are facing these tasks as our parents...

Remarriage means revising your estate plans

Posted on June 23, 2008
Money is the No. 1 cause of divorce, and your divorce probably cost you a lot more than you thought it would. You want this new marriage to last as long as you promised in your vows, so you need...

Your Quickie Reference Guide to Estate Planning

Posted on June 19, 2008
Even though most estates won't owe Uncle Sam, estate planning is essential for protecting you and your loved ones. Most important? Providing for minor children. Your will should name both a guardian and a financial trustee for your kids in...

It's a Tough Job But Someone Has To Do It

Posted on June 09, 2008
Think twice if you're asked to handle a friend or relative's estate. It can difficult with lots of paperwork, feuds and lawsuits. You may think you're just being asked to handle the details of an estate or trust after this...

Estate Planning for Same-Sex Couples

Posted on June 06, 2008
For now it appears same-sex marriage is legal in California. However, same-sex couples need to keep in mind that even though domestic partnerships or civil unions are recognized by some states -- California, Vermont, Connecticut, New Jersey, Maine and Hawaii...

When You Become 18

Posted on May 17, 2008
A few things, well, make that a lot of things, happen once someone turns age 18. The State Bar of California has a publication free for downloading called: "When You Become 18: A Survival Guide For Teenagers." Click here for...

Forming an LLC for Rental Properties

Posted on May 16, 2008
It is worth repeating... Forming an LLC is a good business and personal practice if you own rental property. It can be also be incorporated into your estate plan. A good estate planning attorney will address this aspect as they...

Deathbed Signings.

Posted on May 08, 2008
Our firm attorneys routinely make visits to where the client is located to execute their estate planning documents. We bring a notary to notarize the documents and to act as a witness during these signings. We prefer not to make...

Caregiving and the Case for Testamentary Freedom

Posted on May 06, 2008
Joshua C. Tate, Assistant Professor of Law, Southern Methodist University - Dedman School of Law; University of Pennsylvania Law School, has written another informative article. This time he writes about "Caregiving and the Case for Testamentary Freedom...

Living Trusts Are Revocable And Not An Asset Protection Tool

Posted on April 29, 2008
It comes up all the time. A call comes in from a potential client: "I need to set up a living trust now to protect my assets. " Generally, if the person (called the settlor) who created the living trust...

Firm Attorneys Giving Trust Admin Seminar on July 16, 2008

Posted on April 25, 2008
Partner Mark Doyle and Senior Associate Monica Goel are presenting a Trust Administration Procedures Seminar in Long Beach this coming July. Click here for more information. If you are going to administer a trust, want to learn how as a...

New Law Makes It Easy To Cancel Services

Posted on April 24, 2008
California Probate Code Section 217 prohibits businesses, such as the cable company, telephone company and other companies doing business in California from requiring or demanding a person who is handling a decedent's affairs to come to their facility or office...

Putting Bank Accounts in Your Living Trust

Posted on April 18, 2008
After you have established your Living Trust, one of the more important things you will need to do is fund your trust with your assets including bank accounts. This post only deals with bank accounts and not other assets that...

Obligation to Provide for a Minor Child?

Posted on April 17, 2008
Sometimes an interesting question is posed by a client -- do I have to leave something for my minor child in my Will? Remember in most estate planning documents and for most families, a couple with children will typically leave...

National Healthcare Decision Day

Posted on April 11, 2008
April is the month of special days. The day after April 15, which needs no recognition, is National Healthcare Decision Day. Does this mean that after you sign and seal your tax return, your health takes a turn for the...

April 2 is World Autism Awareness Day

Posted on April 02, 2008
Bob Kraft, an attorney from Texas, has posted great links regarding World Autism Awareness Day. Autism is a topic on the forefront of many parents either as a reality or on their minds as they raise their children. Newsweek also...

Your 18 Year Old Daughter on Spring Break?

Posted on March 19, 2008
A question asked by one attorney to another recently: I have an 18 year old daughter headed to a Spring Break designation with her best friend and her parents. What documents does she need to bring with her to ensure...

Nominating Guardians for Minor Children - The Part You Don't See.

Posted on March 14, 2008
One of the most important things a parent can do is make their nominations for guardians in writing for their minor children in the event something should happen to them. In California, you can nominate a guardian in a variety...

Wrapping Up a Trust.

Posted on March 13, 2008
While trust administration is largely removed from any court oversight and is managed privately by the successor trustee(s), it is a good idea to formally wrap up a trust (any trust including a revocable living trust) where the settlor(s) (or...

To HIPAA or Not?

Posted on February 29, 2008
One of the more important components of a valid and up-to-date Advance Health Care Directive is ensuring that it has provisions allowing your agent to have unfettered access your medical information. Under HIPAA and CMIA (Federal and California laws) medical...

Protecting Triplets!

Posted on February 28, 2008
On a personal note, we take great pleasure and pride in assisting families with their business and estate planning objectives. One of our partners had twins last week and one of our other name partners, Mark Doyle, is representing a...

Estate Planning -- It's No Joke.

Posted on February 16, 2008
One of the things about being an estate planning attorney is that when there is a joke circulating involving our practice, it can be both funny and sobering at the same time. Here is a joke that was sent to...

More on Conservatorships.

Posted on February 14, 2008
A conservatorship is often a poor substitute for estate planning. With a proper estate plan in place including powers of attorneys, assets funded into a trust and so on -- the hassles of a court oversight for a conservatorship can...

Big Time Conservatorship: Britney Spears.

Posted on February 02, 2008
Judge Reva Goetz in Department 9 at Los Angeles Superior Court, Central Courthouse granted a temporary conservatorship over Britney Spears on Friday, February 1, 2008. It is known that a conservatorship naming her father to manage her finances was granted...

Spouses: Make Sure You Have Beneficiaries for Your Accounts.

Posted on January 31, 2008
If you and your spouse keep separate financial accounts and/or retirement accounts (for whatever reason), please make sure you have a beneficiary designated for these accounts. Nearly every financial product, whether it be life insurance, annuity, IRA, brokerage account and...

Initial Probate Filing Fees Changed for 2008.

Posted on January 17, 2008
The filing fee paid directly to the court to open a probate case (e.g., file a petition for probate) has been modified in 2008. The filing fee is based on the value of the estate as it will be inventoried...

Litigating Trusts and Estates Matters

Posted on January 16, 2008
One of the skills that has become invaluable in the estate planning/wills/trusts and probate practice area is the ability to handle a litigation matter when it arises. This is when someone disagrees with how an estate is being handled (either...

But the Only Asset is a House.

Posted on January 15, 2008
A common question in a probate matter ... My mother died and left her home in her name. That's all she had. And she didn't have a Living Trust. What happens when I want to keep the home, but we...

Beneficiary Designations.

Posted on January 14, 2008
Having properly designated beneficiaries is a crucial component of estate planning. Many financial products (for example, life insurance policies, bank accounts, retirement accounts, savings bonds and annuities) allow you to designate a payable on death beneficiary,which, in most instances, will...

Trust Administration After Someone Dies

Posted on January 04, 2008
Living Trusts require administration after the death of a settlor (the person who created the trust). Upon a person's death -- there are many steps that need to be taken in accordance to California laws to properly administer their Living...

Estate Planning & Organization Go Hand in Hand.

Posted on January 03, 2008
Don't you love it when you walk into stores this time of the year and you see stacks upon stacks of clear plastic containers and other paraphernalia for getting your house and life organized for the new year? Whether or...

Two Questions from a Reader.

Posted on January 02, 2008
A reader wrote last year: "Two questions came to mind that maybe your other readers (and perhaps future clients) might be wondering. First, if an unmarried couple holds title to a home in Joint Tenancy, is there really a need...

Don't Disinherit By Accident.

Posted on December 31, 2007
A common mistake in drafting estate planning documents are provisions that disinherit children by accident. Remember what happened to Anna Nicole's daughter Dannielynn? [A fitting way to wrap up the last post of the year... with one of the more...

Year End, New Year's Reminders

Posted on December 27, 2007
While you are organizing and putting away things around the home from the holiday season, don't forget to review your existing estate plan. If you don't have an existing estate plan, 2008 would be a great year to get started....

Elder (Abuse?) Article from New York Times

Posted on December 26, 2007
Posted on Christmas Eve, should elders be less accountable for their investing mistakes? Read here for the article and links previous articles in the series.

Simply What the Client Needs.

Posted on December 21, 2007
Most clients ask for a simple will or trust. They never ask for a complex will or trust. So, of course, most estate planning attorneys do prepare these simple wills and trusts for their clients. They are exactly the estate...

Monical Goel to Present on Estate Planning Issues in December

Posted on November 14, 2007
Our very own Monica Goel, Esq., will be a featured speaker in NBI's upcoming seminar on Estate Planning and Recovery for Elderly Clients this coming December. The seminar will be held at three locations at three dates. For more information,...