Articles Posted in Estate Planning

A charitable lead trust (CLT) is a trust where assets are transferred to a trust for the benefit of a charitable entity.  The CLT then makes payments to one or more charities for fixed duration of time or for the lifetime of a selected individual.  When the CLT’s term ends, the remaining assets are transferred…

If you wait to long to establish an estate plan, upon your passing your heirs may be subject to the delay and expense of probate court.  We encourage our clients to plan early because it can be too late to establish an estate plan.  In California, in order to make a will or trust you…

To create a will in California you must: Be An individual at least 18 years of age or older. Be of sound mind, which means that you: Comprehend what it means to make a will. Know the nature and extent of the property you own. Can recall who your relatives are. Are in good mental…

A Spousal Lifetime Access Trust or “SLAT” is a special type of irrevocable trust.  A SLAT is created by one spouse for the benefit of the other.  The spouse who creates the SLAT is referred to as the grantor and the spouse who receives gifts from the SLAT is referred to as the beneficiary spouse. …

A QTIP trust or a qualified terminable interest in property trust is a type of irrevocable trust that allows the person who creates the trust (the Grantor) to provide for a surviving spouse during her life but also maintain control over the trust’s assets once the surviving spouse dies.  The QTIP may be set up…

An irrevocable trust is a type of trust that once created is not modifiable by the individual who created it (the “Grantor”).  In fact, this type of trust cannot be changed, amended, or terminated without the permission of the beneficiaries (the individuals or entities that receive, for example, money, property or other assets under the…

Did you know that it’s National Estate Planning Awareness Week?  In 2008, the U.S. Congress passed House Resolution 1499 designating the third week in October as National Estate Planning Awareness week.  According to Caring.com’s 2022 Wills Survey, over 66% of Americans believe that having an estate plan is important, but only 1 in 3 Americans…

The unlimited marital deduction is part of the United States Federal Estate and Gift Tax law.  The law allows married U.S. citizens to transfer an unlimited amount of property and money to their spouse at any time free of any taxation (both estate and gift taxes).  These spouse-to-spouse transfers are not taxed.  The largest transfers…

Some states have surviving spouse elective share laws.  These laws provide that a certain portion of a married individual’s property and money be given to his spouse upon death regardless of whether the spouse is named in the decedent’s (the spouse who died) will.  The amount of the elective share varies by district and several…

A HIPAA authorization is a document authorizing another person or entity to access your medical records.  What is HIPAA? The Health Insurance Portability and Accountability Act of 1996 (or “HIPAA”) was enacted to ensure the privacy and security of consumers’ protected health information (“PHI”).  Protection health information or PHI is information about you including, but…