A living trust is a valuable tool in estate planning. You can manage it while you’re alive while passing control of your affairs to someone else upon your incapacity or death. The assets in the trust can also avoid probate, allowing successor trustees immediate access to the funds they need without going through a long, […]

When planning for the second half of their lives, our Bay Area elder law attorneys have found that most people do not anticipate an increase in happiness. Research shows, however, that happiness does grow as people age. The comprehensive Second Half of Life Study conducted by AARP in collaboration with National Geographic examines the general […]

Inheriting a retirement account, such as a 401(k) or an IRA, can benefit a person struggling with their finances. It can help pay bills and create more stability. However, any Santa Clara inheritance lawyer will tell you that ignoring federal regulations can lead to significant tax penalties! The rules applying to your inherited account depend […]

Designating your estate as the beneficiary of your IRA might make sense to you. It’s simpler than choosing one or several loved ones as beneficiaries. It can also prevent future arguments and lawsuits among your family since you’re not naming one person over another. However, naming an estate as an IRA beneficiary is problematic and […]

Amyotrophic Lateral Sclerosis (ALS), also known as Lou Gehrig’s disease, affects the nerve cells that control voluntary muscles, eventually leading to paralysis. It prevents people from talking, walking, and, eventually, breathing. Typically, patients diagnosed with ALS die within three to five years of their diagnosis from respiratory failure. However, some live longer. Approximately 20,000 people […]

A funeral is a traditional method of honoring a person’s life after death. However, some people don’t feel comfortable having one. Choosing not to have a funeral is entirely acceptable. Your loved ones don’t have to attend the sad event if you want to spare them the burden. If you don’t have a funeral, other […]

Outlining your final wishes is essential to ensure that your assets are passed to their intended recipients as smoothly as possible after you die. If you have done the diligent work of putting your estate plan into place, you may believe that you have completed all the necessary steps. However, while you may believe your […]

Federal estate tax law includes a provision called portability. This provision only applies to married couples. It allows the surviving spouse to use any part of their deceased spouse’s unused estate and gift tax exemption. Including portability in an estate plan protects the surviving spouse from significant estate tax bills if the deceased spouse’s estate […]

Your named beneficiaries will likely have to go through probate to receive your real property after your death if it is only in your name and not held in trust. Although transferring property into trust can ensure your family does not have to wait for a judge to validate your will before distributing your assets, […]

Some seniors don’t expect to remarry after a divorce or the death of a spouse. However, life is full of surprises. You could meet someone at any age, even during your retirement years. Many older adults bring various assets and debts into a new relationship. They might also have children from a previous marriage, one […]