Author Archives: adamevanlaw
How Can I Provide for My Spouse While Protecting My Children’s Inheritance?
Balancing Competing Estate Planning Goals Many individuals in second marriages or blended families face a common concern. They want to ensure that a surviving spouse is financially secure, while also preserving an inheritance for children from a prior relationship. Without … Continue reading
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Heggstad Petitions Explained: Fixing Trust Funding Problems in California
What Is a Heggstad Petition? A Heggstad petition is a California court procedure that may allow property to be confirmed as trust property even if it was never formally transferred into the trust during life. Hopefully avoiding an expensive formal … Continue reading
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How Do I Become Guardian of a Minor Child in California?
Understanding Guardianship A guardianship is a court proceeding that allows an adult to assume legal responsibility for a minor child. Guardianships are often necessary when a child’s parents are unable to provide care due to death, incapacity, absence, or other … Continue reading
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What Happens If Parents Die Without Naming a Guardian?
Why Guardian Nominations Matter One of the most important parts of estate planning for parents with minor children is naming a guardian. A guardian is the person responsible for caring for a child if both parents die before the child … Continue reading
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What Happens If a Trustee Refuses to Act?
Trustees Have Important Responsibilities After the creator of a trust dies, the successor trustee is generally responsible for administering the trust and carrying out its terms. For families in San Jose, Santa Clara County, and throughout Silicon Valley, trust administration … Continue reading
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What Are a Trustee’s Duties in California?
Understanding the Role of a Trustee A trustee is responsible for managing trust assets and carrying out the terms of the trust. After the creator of a revocable living trust dies, the successor trustee generally assumes responsibility for trust administration. … Continue reading
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Trust Administration After Death
What Happens After a Person With a Trust Dies? Many people create a revocable living trust to help simplify the transfer of assets after death. However, when the creator of the trust dies, the administration process is only beginning. For … Continue reading
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What Happens If Someone Dies Without a Will in California?
Dying Without a Will When a person dies without a valid will, California law determines who inherits the estate. This is known as intestate succession. Rather than following the decedent’s wishes, assets pass according to California’s statutory inheritance rules. For … Continue reading
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What Assets Avoid Probate in California?
Understanding Which Assets Pass Outside Probate Not every asset owned at death must pass through probate. Certain assets transfer automatically by operation of law, beneficiary designation, or trust ownership. Understanding which assets avoid probate is an important part of estate … Continue reading
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What Happens to a Mortgage in a Trust?
A Common Concern for California Homeowners Many homeowners worry that transferring property into a living trust will: trigger the mortgage due, violate loan terms, or create refinancing problems. In most situations involving revocable living trusts, that concern is unfounded. Can … Continue reading
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