When the subject of estate planning comes up in conversation in California, someone often mentions the goal of avoiding probate. But what exactly is probate, and why is it something to be avoided?Probate is basically the court-supervised process of gathering a...
Focused And Personalized Attention Concerning Your Estate Planning Needs
Michael A. Sawamura, Attorney at Law
Lamar Odom case shows importance of a California living will
In a recent post, the importance of having a California living will was discussed as part of one's estate plan. The importance of doing so was brought to light recently by the tragic situation involving former NBA star Lamar Odom.As has been widely reported in the...
How does California law protect the omitted spouse?
In an earlier post in this blog we talked about the importance of updating a California estate plan in the event of a remarriage. If one fails to do this, one of the results may be the application of California's omitted spouse statute.An "omitted spouse" in...
Every California estate plan should include a living will
When most Californians think about estate planning, they probably think about wills, trusts and the disposition of one's property after death. But careful estate planning also includes planning for the possibility of becoming incapacitated during one's lifetime. One...
New California law simplifies home transfer on death
As this blog previously addressed, for most families, a basic California estate plan does not have to be complicated. In most cases, a basic will or trust is sufficient to provide for the distribution of property after death.In addition, some assets can be transferred...
Divorce revokes transfers to a spouse in a will or trust
It is a good idea to review personal legal documents included in an individual's estate every few years. Families go through changes including death, divorce and remarriage. Sometimes laws change, and a provision in an old will or trust may have consequences that were...
A trust can be an important part of a California estate plan
A trust is an extremely versatile tool for estate planning in California. Last week's post discussed some of the advantages of the living or inter vivos trust. There are other types of trusts, however, each having their own advantages and ability to be tailored to...
How does an inter vivos trust benefit the trustor?
When Sacramento residents are organizing financial assets, a concern that often arises is how the property will be allocated and whether a trust is a sound strategy. This is important for both the trustor and the beneficiary or beneficiaries. One tactic that is often...
California’s intestate succession laws
Most people in California have good intentions when it comes to estate planning. They know they have to get around to it someday. Unfortunately, for too many people that "someday" never comes, and they die without leaving a trust or will that directs how they want...
What are the basic requirements of a valid will in California?
Under California law, some basic requirements must be met for a will to be valid. Anyone age 18 or over can make a will, provided that the person is mentally competent to do so. The California Probate Code makes it clear that a person is mentally competent to make a...