Will

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Why You Need an Estate Plan if You Have a Special Needs Child or Grandchild

2020-05-07T00:27:09+00:00

Why You Need an Estate Plan if You Have a Special Needs Child or Grandchild The future of children and grandchildren are often at the forefront of our minds when planning our estates. However, if you have a special needs child or grandchild that you wish to care for after your death, setting up your estate to do so properly requires careful consideration and thought with the help of an expert.  Trust planning is essential for special needs loved ones A “supplemental needs” or “special needs” trust is the most common type of trust created by the parent or grandparent [...]

Why You Need an Estate Plan if You Have a Special Needs Child or Grandchild2020-05-07T00:27:09+00:00

Estate Planning Myths Part Four – We’re All Good!

2020-05-07T00:36:48+00:00

Estate Planning Myths Part Four - We're All Good! Hi there. Bridget Mackay, the Law Offices of Bridget Mackay here in Petaluma, California. We practice in the area of estate planning and elder law. And this is the last in my series of four on the still existing myths about estate planning. And this last one is really important, like all the other three are. And it's basically that myth that once I have a plan in place, we're all good. Once you complete your estate plan, whether that's a Will or a Trust, you need to revisit it. [...]

Estate Planning Myths Part Four – We’re All Good!2020-05-07T00:36:48+00:00

How to Amend or Revoke Your Will

2020-05-07T00:41:52+00:00

How to Amend or Revoke Your Will As the circumstances in your life change, you may also want or need to amend your Will, especially if your family has gained members by way of children being born, changed family members such as by marriage or divorce, or bought or sold a considerable amount of property like houses, other real estate, and cars. Another reason to amend your Will is the death of a beneficiary or executor. When you want to change your Will, you can do so by either adding something called a codicil or by writing a completely new [...]

How to Amend or Revoke Your Will2020-05-07T00:41:52+00:00

Living Trust Vs Will In California – Lessons Learned From GoT

2020-05-07T17:10:49+00:00

Living Trust Vs Will In California – Lessons Learned From GoT Hi there, Bridget Mackay here again. Following up on our Game of Thrones theme and how it applies to estate planning. I'm an attorney in Petaluma and I practice in the area of estate planning and elder law. We last talked about not doing a "do-it-yourself" will like King Robert Baratheon did in Season one. Following along with that, if we look at the Stark family. Don't stop at a will. It's really important for you to maybe do a thorough trust and take care of everybody in [...]

Living Trust Vs Will In California – Lessons Learned From GoT2020-05-07T17:10:49+00:00

Six Estate Planning Tips For New Parents

2020-05-07T00:08:48+00:00

Six Estate Planning Tips For New Parents There are a million ways your life changes when you have a child, and one of the things you must think about now is planning your estate. Here are some of the key issues to consider. Make a Will and Appoint a Guardian Probably your most important concern is to appoint a guardian for your child should something happen to you and your child’s other parent. In order to do that, you need a Will. If you already have a Will, you will want to amend it to provide for your child and [...]

Six Estate Planning Tips For New Parents2020-05-07T00:08:48+00:00

Keeping the Peace Among Your Heirs

2020-05-07T17:10:22+00:00

Keeping the Peace Among Your Heirs Nobody wants their death to generate unseemly squabbling about their estate among their heirs. With a little forethought, you can greatly reduce that possibility. Here are a few pointers. Pull No Surprises You know those movies where all the heirs are gathered around a large oval table waiting breathlessly to find out who inherited what? Don’t do that. Talk to your heirs long before your time draws near so they know exactly what to expect and can bring up objections while you are still around to deal with them. Just setting expectations goes a [...]

Keeping the Peace Among Your Heirs2020-05-07T17:10:22+00:00

Nine Things All Business Owners Must Know About Estate Planning

2020-05-07T17:34:38+00:00

Nine Things All Business Owners Must Know About Estate Planning It’s never too soon to begin estate planning, especially if you are a small business owner. It’s likely that a great deal of your wealth and that of your family is tied up in your business. Should you die or become incapacitated without a plan for your business in place, your family may suffer significant financial loss and legal burdens. When you die or retire, do you want to terminate your business, pass it down to the next generation or sell it? Are you a sole owner or a partner [...]

Nine Things All Business Owners Must Know About Estate Planning2020-05-07T17:34:38+00:00

Wills In The News: Aretha Franklin Dies Intestate

2020-05-07T18:24:22+00:00

Wills In The News: Aretha Franklin Dies Intestate Recently, I wrote an article about how Richard Harrison’s reliance on a Will instead of a living trust meant that his family was unable to keep private matters private. In Richard’s Will, the “Old Man” of the Pawn Stars TV show “intentionally and with full knowledge” disinherited one of his sons—a fact he could have kept from the public eye by using a trust. Early in September, news of another celebrity estate-planning misstep broke: Aretha Franklin, who died on August 16, did not even have a Will. In other words, she died [...]

Wills In The News: Aretha Franklin Dies Intestate2020-05-07T18:24:22+00:00

What Does Undue Influence Mean?

2020-05-07T18:18:23+00:00

What Does Undue Influence Mean? When a person dies without a Will, the rules of intestate succession determined by the California Legislature govern what happens to his or her property. A Will enables a person (called the “testator”) to make those decisions for him- or herself. But just because a person dies leaving a Will doesn’t mean that the Will will control, because there are several grounds on which a Will can be contested. A lot of the grounds for contesting a Will have to do with Will formalities: It wasn’t signed by the person making it, or there were [...]

What Does Undue Influence Mean?2020-05-07T18:18:23+00:00

California Will Contests: What You Should Know

2020-05-07T00:30:19+00:00

California Will Contests: What You Should Know In January, I published a video with the title “What Is A No Contest Clause?” In it, I explained that a no-contest clause is a tool that can help prevent a person from challenging your Will or trust. Today I want to expand on that video by looking at the flipside of that question and giving more detail on the process of contesting a Will. Who Can Contest a Will? Not just anyone can contest a person’s Will. Under California law, only an “interested person” can contest a Will, a class that includes [...]

California Will Contests: What You Should Know2020-05-07T00:30:19+00:00