What Happens If Someone Dies Without a Will? Introduction to California’s Intestacy Law.

Dying intestate, or without a will, is unfortunately very common. If you die without a will, your property will go through a court process called probate and will ultimately be distributed according to California’s intestacy laws. Here are some common events that may happen if you die intestate: Your immediate next of kin, whoever they […]

Santa Clara Special Needs Lawyer Discusses Special Needs Planning and the Absentee Parent

Family relationships can be complicated. Not every parent remains in his or her child’s life, which can complicate matters when the child has a disability or special needs. This can create financial issues too, especially if the other parent is absent but still living and the child’s eligibility for benefits is affected as a result. […]

Santa Clara Business Planning Lawyer Answers: What Happens to Your Sole Proprietorship When You Die?

Sole proprietorships are a common type of ownership interest where the business owner and the business are the same legal entity. The business owner of a sole proprietorship is personally responsible for any debts the business incurs. However, unlike a corporation, the sole proprietorship belongs to one person and is legally a business indistinct from […]

Bay Area Estate Lawyer Answers, “Is it Power of Attorney… Or Taking Advantage?”

A power of attorney is a legal agreement that allows one adult, the agent, to make legal and financial decisions on behalf of another, the principal. People create power of attorney documents with a Bay Area estate lawyer so that someone of their choosing can speak for them if they should become incapacitated or otherwise […]

Ask Our Silicon Valley Trust Lawyers: “Is It Hard to Sell Property That’s in a Trust?”

A common question that Silicon Valley trust lawyers are asked when helping clients create their estate plans is, “How hard will it be to sell my house if I put it in a trust?” The simple answer is that it’s not hard at all. In most cases, the grantor (or trust maker) also serves as […]

Bay Area Estate Planning Lawyers Answer: “How Important is Financial Security When Choosing a Guardian for Your Children?”

One of the most difficult decisions that parents of minor children have to make when creating their estate plans is choosing the person(s) they would want to raise their children if they were incapacitated or suddenly passed away. In our office, we often find that the conversation starts with, or eventually winds its way back […]

Santa Clara Estate Lawyer: What Should I Do if the Bank Says My Power of Attorney is ‘Too Old’?

While a power of attorney (POA) does not technically expire unless it’s revoked by the person who created it, you may run into a situation where a bank or a brokerage firm refuses to accept the document because it’s “too old.” You may also hear the phrase, “the document is stale.” So, what does this […]

Santa Clara County Estate Planning Lawyer: Which Type of Power of Attorney is Best for Your Needs?

Most people have a basic understanding of what a Power of Attorney does. However, not all Power of Attorney documents are the same, and the rights you are afforded depend on how the document is created by a Santa Clara County estate planning lawyer. Let’s start first with the basics: a Power of Attorney is […]

San Francisco Bay Area Trust Lawyers: What Records Should I Keep as a Successor Trustee?

Stepping into the role of Successor Trustee after the incapacitation or death of a loved one is a big job that can feel scary and overwhelming for someone who has never served in such capacity. San Francisco Bay Area Trust lawyers understand that it can be equally unnerving to learn that the Trustee can be […]

Silicon Valley Will Lawyers Answer: “My Mom Died… Can I Sell Her House as Her Power of Attorney?”

Question:  My mom recently died, and I’m her Power of Attorney. Am I able to contact a realtor to start the process of selling her house? I don’t want the bills to start piling up. Answer: Believe it or not, this is a common question that Silicon Valley Will lawyers receive after the loss of […]

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