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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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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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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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A $1.74 Million Judgement

11/21/2017

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By Jack Foley, Journalist BenitoLink 
Mitchell Dabo Financial Advisor and SBC Board of Education President

A $1.74 Million Judgement Against Dabo, Financial Advisor and San Benito County Board of Education President

After a five-year battle, a long time Hollister financial advisor must pay more than $1.7 million to the Community Foundation for San Benito County (CFFSBC), a judge in Hollister ruled Monday, November 13th. Mitchell J. Dabo did not show up for the highly anticipated court showdown over a lawsuit filed in 2015 by the foundation for damages resulting from missing trust fund money.

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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