Category Archives: estate planning attorney

Parkinson’s Disease (Adapted from Michael J. Young’s Parkinson’s Disease Legal Survival Guide)

parkinson's disease text write on blackboard

Parkinson’s Disease (PD) is a neurological disorder that affects movement. PD results from the loss of nerve cells in a part of the brain called the Substantia Nigra. These cells produce a chemical called dopamine, which helps control movement. When these cells die, the brain fails to produce enough dopamine. As a result, this leads […]

What Is A Pour-Over Will?

The probate court process could take almost a year finalize. But the goal is to obtain a court order. It is called a Pour-Over Will since you would “pour” the asset over into the RLT. The court would distribute the asset would from the trust to the beneficiaries. If the amount of the asset is less than $166,250, we could prepare a “California Small Estate Affidavit.” You would present the affidavit to the bank or financial institution. It authorizes the bank or financial institution to distribute the asset to the person making the affidavit.  

Asset Distribution & Beneficiary Selection

Beneficiary Asset Distribution

If your have children are minors, “separate share trusts” can fit into your RLT for each minor child. Make distributions from the separate share trusts to the minor child during his or her lifetime.

What to Gather for a Probate Attorney

Probate Estate Planning

To prepare to meet with your probate attorney, gather documents and information regarding the decedent. So, the earlier you take these steps; the sooner probate proceedings will begin. After the county issues a death certificate, bring it with you. Thus, if they have not issued a death certificate, know the decedent’s date of death.   

What is Probate Court?

Assets held in “Joint Tenancy” should not require a probate. For instance, the title can be held by two individuals “as joint tenants.”

Steps to Help Maintain Your Health and Safety

The following are some steps for our senior and (almost senior) clients to consider for healthy living. Prevent falls: My father’s advice to me just before he died was for me to advise all of my clients to not fall. Falls can be the beginning of the end for people. Walk more deliberately, use your […]