By John C. Clark, Attorney at Law 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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By Christen E. Bourne, Attorney at Law 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.
By John C. Clark, Attorney at Law Change is InevitableYou 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.
By Tyler P Krueger, Associate Attorney 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?
By Tyler P Krueger, Associate Attorney If You Fail to Transfer Property to Your Trust Before Your DeathA 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.
The Longer We Live, the Greater the Chances are of Becoming IncapacitatedIt'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.
By Jack Foley, Journalist BenitoLink A $1.74 Million Judgement Against Dabo, Financial Advisor and San Benito County Board of Education PresidentAfter 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, APCWe're located in Morgan Hill, California serving Santa Clara, San Benito, Santa Cruz, and Monterey Counties since 1956. Categories
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