Many high net worth individuals have worked very hard to accumulate wealth and build something of value that they can pass on to their families once they are gone. However, their heirs may be faced with exorbitant tax bills associated with this transfer of wealth when the time comes.
It may be a difficult subject to navigate, but when it comes to estate planning, there are certain steps you should take now to avoid probate. Probate—the court proceedings that transfer ownership of an estate from the decedent to their benefactors upon death—is a timely and costly process that can take a toll on grieving families. Probate can also be incredibly confusing and take months or years to sort out. And because it is a court proceeding, it becomes public record. The good news is, depending on your assets, there are several things you can do to avoid probate proceedings. Here are five ways to avoid it in California:
With the introduction of the Setting Every Community Up For Retirement Enhancement (SECURE) Act in effect as of January 1, 2020, new and big changes have been made that affect one large aspect of retirement accounts: the payout process for beneficiaries. Previously, those who inherited someone’s retirement account were able to spread withdrawals from the account over the course of their lifetime. However, under the SECURE Act, beneficiaries are now required to withdraw all funds from an account within a 10 year period.
With the COVID-19 pandemic at large and death rates continuing to rise, the US now has more known cases than both China and Italy. During this current crisis, it’s best to remain calm and use this “stay well at home” time to do things you’ve been putting off. One such thing that may be worth considering during this unprecedented situation is setting up an estate plan.
Taxes invade almost every aspect of our daily lives and property ownership is no exemption. When investing in such a large asset it is important to understand the different types of real property taxes and fees associated with the purchase. Although the process of buying a home is often handled by a real estate agent, it is important to know the ins and outs of each tax and fee associated with buying a property.
For many people, the holidays are some of the few times a year that the entire family is together. Your family members are more relaxed and not as distracted by everyday obligations. It’s a great time to catch up, make memories, and discuss some important matters like estate planning. While it may feel awkward to initiate this kind of conversation, it is important to discuss what you intend for your estate during a time when adjustments can be made in a good frame of mind.
When you create a will or estate plan you may assume that your money will go to the intended heirs. But inheritance theft can happen right in front of your heirs, and the thieves will probably get away with it if the proper measures aren’t put into place to stop them. Since the thieves are … Read moreTo Catch a Thief- How to Prevent Inheritance Theft
Inheritance laws help control the rights of the decedent’s property and how much is inherited by each of his or her survivors. California is a community property state, which means the law presumes all property acquired during a marriage is owned equally by both spouses. However, property one spouse owns alone before a marriage or … Read moreWill I Get My Spouse’s Inheritance?
The probate process involves the court distributing a person’s assets upon death. It usually occurs in situations where a person does not have a will. However, just because a person has a will does not mean that their assets will definitely not be distributed through the probate process. What to Do to Prevent Your Assets … Read moreCan I Make Sure My Assets Are Not Distributed Through the Probate Process?
The California Court of Appeal just handed down an opinion very strictly limiting the application of a no contest clause contained within trust to later trust amendments.
Peggy was battling cancer for 5 years, during which time her friends, Tracy and David, became the exclusive suppliers of medical cannabis upon which Peggy depended for treatment. Anticipating her demise, Peggy placed Tracy in custody of all of her estate planning documents. Soon after, Peggy complained that Tracy read the documents and confronted her about the disposition of her estate. Shortly after, Peggy executed a trust amendment created in secret, and without advice or assistance of her longtime estate planning attorney, leaving all of her money to Tracy – to the exclusion of Peggy’s brother and godchildren, natural objects of her bounty, and beneficiaries under the estate plan in existence when placed in Tracy’s custody. After Peggy’s demise, Tracy produced the trust amendment, and the beneficiaries went straight to court.