Identifying and Understanding Different Will Types
By William C. Mason, III, Of Counsel
California wills come in several different forms—attested, statutory, holographic, and pour-over. These different types of wills are all similar in that each is a testamentary document (1) created and executed by an adult of sound find; (2) which makes a disposition of property to individuals or entities. However, the format[...]
The Perils of Transfer-on-Death Deeds
By Allyson S. Heller
On January 1, 2016, the California legislature enacted Assembly Bill 139, which permits individuals to transfer real property upon death using a revocable transfer-on-death (TOD) deed. Since then, the TOD deed has emerged as an attractive option for homeowners looking for a quick and simple way to transfer property upon[...]
Asset Management for Trusts
By William C. Mason III, Of Counsel
A person’s decision to create a trust typically rests upon two factors: (1) the ability of a trust to manage distributions much more effectively than a will; and (2) that person’s desire to spare his or her beneficiaries the time and expense of probate. However, mere execution of a trust[...]
The Costs of Dying Without A Plan
By: Allyson S. Heller
As Benjamin Franklin famously remarked, the only certainties in this world are “death and taxes.” While we all know that death is an inevitable part of the cycle of life, most of us would prefer to avoid the subject altogether. However, failing to engage in any sort of pre-planning for[...]
Estate Planning 101: Trust & will terms that everyone needs to know
Quick, what’s the difference between a will and a trust? Might you be a testator? And what do you know about a conservatorship, besides the fact that Britney Spears has been embroiled in drama surrounding one? While these terms are familiar, many people are often pressed to define exactly what[...]
When Should I Amend my Trust?
By William C. Mason, III, Of Counsel
As your life changes, so too can your revocable trust. While there are numerous reasons why you may want to modify your trust, the following events are the most common that necessitate a trust amendment: The birth or adoption of a child When initially creating your trust, you may have[...]