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Legal News & Articles

Using a “Small Estate Affidavit” to Avoid Probate in California

8/31/2022

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By John C. Clark, Attorney at Law
Decorative image of house shaped planter with succulent and a spilled jar of coins
California law provides a procedure for avoiding the probate of an estate if the total value of the estate falls below a certain threshold and satisfies other conditions. If the estate qualifies as a “small estate,” the executor of the will or next of kin (in an intestate estate) may collect assets without the need to file a petition in probate court to accomplish the same, thus saving significant time and expense.

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ADA Compliance for Small Business Websites

3/20/2022

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By John C. Clark, Attorney at Law
Close up of keyboard with an accessibility icon on one key

Is your website a "place of public accommodation"?

Title III of the Americans with Disabilities Act (ADA) forbids discrimination on the basis of disabilities and requires that “places of public accommodation and commercial facilities to be designed, constructed, and altered” in compliance with standards for accessibility. Since the ADA was enacted in 1991, when company and commercially based websites were mostly non-existent, the issue of whether websites constitute “places of public accommodation” and subject to ADA compliance has been in need of some definition and guidance.  

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Tis the Season for Gifting...Legal Implications

12/14/2021

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By Christen E. Bourne, Attorney at Law
Close up of hands of two people holding a wrapped gift box
During the holiday season many of us are frantically searching for the perfect holiday gifts for our loved ones. But we must not forget to add yet another thing to our holiday to-do list—considering any legal implications which may result in your loved ones receiving less than what you intended to give. 'Tis the season to pause and reflect on the Federal gift and estate tax. 

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Why Your Children Can't Afford for You Not to Have an Estate Plan

11/12/2021

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By Sean P. Dougherty, Associate Attorney
Close up of probate court hearing document and calculator

A Behind-the-Curtains Look at the Enormous Price of a Probate in California

We bet you’ve heard that lawyers are expensive, right? For that reason, many people think they can’t afford an estate plan. But consider this – can your children afford for you not to have an estate plan?

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Amending Your Living Trust

10/29/2021

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By John C. Clark, Attorney at Law
File Folders with New Living Trust on the Label

Change is Inevitable

You set up your revocable living trust because of its flexibility to function as a living document. As we grow older, circumstances change that necessitate corresponding changes in our estate planning. This article briefly and generally explains how to change, or revoke, your living trust.

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Know Your Rights as a Trust Beneficiary

8/3/2021

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By Tyler P Krueger, Associate Attorney
Close up of legal documents and a referee's whistle

Is Your Trustee Administering the Irrevocable Trust Lawfully and in Your Best Interest?

When a trust grantor passes away, their revocable inter vivos trust becomes an irrevocable trust. When the trust becomes irrevocable, the designated trustee becomes responsible for administering the trust. 
​A trustee that accepts this responsibility has an obligation to administer the trust for the sole benefit of the named beneficiaries in the irrevocable trust document[1]. Unfortunately, some trustees disregard this responsibility and take advantage of their power and resources to benefit themselves. What safeguards can a beneficiary use to protect themselves and their inheritance?

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Recourse for Your Loved Ones ...

5/8/2021

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By Tyler P Krueger, Associate Attorney
man and woman silhouetted looking at a sunset

If You Fail to Transfer Property to Your Trust Before Your Death

A revocable trust—also called a “living trust”—is a legal tool that is frequently used as part of an estate plan. There are many benefits to using a trust, including the ability to transfer your property where you want after your death. The great thing about a revocable trust is that you can modify it any time during your lifetime. To ensure that your loved ones are spared any legal hassles, it’s important to do things right. 

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Trust Beneficiaries: To Give or Not to Give

4/2/2021

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By Sean P. Dougherty, Associate Attorney
grandfather and grandchildren engaged in a hug

What happens when you leave your grandchildren a gift in your trust?

It’s very common for grandparents to want to leave a little something for their grandchildren. After all, it’s a grandparent’s job to spoil their grandchildren, right? If you’re a grandparent, you may choose to leave each of your grandchildren a special gift of cash—or even a home for them to live in someday—in your trust. 

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How to Handle an Estate Plan in a Divorce

3/19/2021

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By Christen E. Bourne, Attorney at Law
gavel separating a paper house and family

What does divorce have to do with estate planning? Quite a lot, as it turns out.

It is estimated that between 42% and 45% of marriages in the United States will end in divorce.[1] In California, the divorce rate is even higher—approximately 10% above the national average.[2] Not only is divorce emotionally wrenching, it is also fraught with legal complexities—with nuances you may not even be aware of. If divorce is on the horizon for you, it is important to understand the impact of divorce on estate plans. This is something many people have probably never thought about.

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Why You Need an Advance Healthcare Directive

2/4/2021

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Healthcare Exit Sign - Why You Need and Advanced Healthcare Directive

The advance healthcare directive: power of attorney for healthcare and living will

It can happen to anyone. An unexpected medical or psychological crisis, like an accident, illness, or other event strikes and renders you incapable of making or communicating your own healthcare decisions. Are you and your loved ones prepared? The best thing you can do is plan ahead by preparing an Advance Healthcare Directive (AHCD). 

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    Rusconi, Foster & Thomas, APC

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  • Services
    • Estate Planning
    • Trust & Estate Administration
    • Civil Litigation
    • Real Estate Law
    • Business Law
  • About
    • Our Attorneys >
      • J. Crandall Foster
      • John C. Clark
      • Tyler P. Krueger
      • Christen E. Bourne
    • Our Founder
  • Articles
  • Resources
    • Resources for Senior Citizens
    • Glossary of Legal Terms
    • Download the Estate Planning Checklist
  • Contact