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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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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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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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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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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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Proposition 19 - An Overview

1/22/2021

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By Tyler P Krueger, Associate Attorney
Proposition 19: Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act

The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act

This article and accompanying infographics seek to explain how Proposition 19 makes significant changes to the parent-to-child and grandparent-to-grandchild property tax reassessment exclusions and some important information you should know if you think you will be impacted by the change in law.

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Estate Plan Updates Are Important

9/24/2020

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Alarm Clock Set For Estate Plan Updates

Estate Planning is Not a One-Time-Only Event

Life changes. So do people and circumstances. The person you were even a few years ago is probably not the same person you are today.
So those critical estate planning documents, like your advance healthcare directives, powers of attorney, guardianship nominations, wills and trusts need to be reviewed and updated regularly; once a year on your own, and every 5 years with your attorney. 

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Incapacity - Harder to Plan for Than Death

9/17/2020

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Close up of dictionary page and definition of Incapacity

The Longer We Live, the Greater the Chances are of Becoming Incapacitated

It's a frightening thought: The longer we live, the greater the chances are of becoming incapacitated. It's one more reason the attorney's at Rusconi, Foster and Thomas say an estate plan is critical. 

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Estate Planning is Not a One-and-Done Event

6/18/2020

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The Estate Planning Checklist

Estate planning is not a one and done event. It's critical to create, and periodically update documents the communicate your wishes to your loved ones if you die or become incapacitated.That's why the estate planning attorneys at Rusconi, Foster and Thomas are offering this checklist:

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    Rusconi, Foster & Thomas, APC

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