When a debtor passes away, creditors might feel that their chance of recovering debts has also vanished. But California probate law has built-in options for creditors to collect from a deceased debtor's estate—even if no one from the family steps up to manage the process. In Orange County, as in ...
Orange County Probate and Estate Planning Blog
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How Donald Trump's 2024 Presidency Could Impact Your Estate Plan
With Donald Trump back in the White House, significant shifts in tax policy are on the horizon, particularly for estate planning. Even if you are not quite a billionaire like the president-elect, it's crucial to understand how potential changes to the Federal Estate Tax could affect you. As you ...
My parents died without any estate plan. Does everything have to go through probate?
So, on top of mourning the loss of a parent, you also discovered that they failed to do an estate plan. Or, you may have found out they never transferred property into their trust or did not do so correctly. Your first thought might be that everything must go through probate. But fear not! He...
Received a "Recorded Deed Notice"? - DO NOT PAY!
If you have recently purchased a house or transferred your house into a trust, you may receive a "Recorded Deed Notice" asking for a service fee. BEWARE! This document did not come from any government agency, and you do not owe any money! Instead, companies will monitor recorded documents with...
What Does It Mean to Be a Trustee?
This guide is intended to give you a brief overview of a trustee's common duties, tasks, and goals. Hopefully, this article will give you some background, but it is no way meant to be exhaustive or one-size-fits-all. As you read, you will likely come up with questions. When you do, feel free t...
Do I Need a Trust and an LLC?
So you have an estate plan consisting of a will and trust. Are you done? Maybe not. For many clients, a California Limited Liability Company can help add important protections for an estate that goes beyond a California Trust. What are the Estate Planning Benefits of a California LLC? As ...
When Do I Need a Trust in California?
Trusts are just for "rich" folks, right? Nope! In fact, setting up a trust can be a smart move for anyone, no matter how big or small your stash of assets is. Let's break down some of the most common life events that prompt normal people to consider creating a California trust. 1. Buying a Hou...
How to Open A Probate in Orange County
Opening a probate in Orange County Superior Court has unique requirements that go above and beyond the typical California rules. Learn more about some of those unique steps in this overview.
Minimizing Your Taxes through Thoughtful Planning
President Trump has vowed to overhaul the tax system. Aside from reducing the federal tax rates, Trump has proposed eliminating most deductions including the state tax deduction. As California has the dubious distinction of extremely high tax rates, Trump's proposal could have serious consequence...
Trust Matters
If you are lucky enough to own a home, it is likely that you currently have done some type of planning for after your demise. However, how long has it been since you looked at the documents in that shiny red folder labeled estate plan? If you are like most clients I know (including yours truly), ...
A Deeper Look into Probate, Last Wills and Revocable Living Trusts
In a previous article, I shared a few stories about some eccentric persons' last wills. Although the wills provided some entertainment value, most likely, none of you garnered a lot of useful information from reading them. I merely reinforced the notion that you should plan for your death. No new...
Colorful Goodbyes
Many people view their last will and testament as a final opportunity to make a statement to the world about who they are and who and what they care about. Some of the most notorious devisees immediately come to mind. Leona Helmsley aka the “Queen of Mean”: The infamous tax felon left 12 million...
Is An A/B Trust Still Necessary And Advisable?
IS AN A/B TRUST STILL NECESSARY AND ADVISABLE? To understand why an A/B Trust may no longer be necessary, one has to understand the estate tax system. In the U.S., every person can transfer a certain amount of property (whether real or personal) to loved ones without being subject to estate tax. ...
Do You Need To Update Your Trust?
DO YOU NEED TO UPDATE YOUR TRUST? You bit the bullet years ago and finally have an estate plan in place. At the centerpiece of your plan is a revocable living trust. When you die, your assets will be in your living trust and your successor trustee will distribute your property pursuant to the ter...
What Is a Health Care Directive?
A health care directive is a document whereby you appoint an agent to make health care decisions for you should you become unable to make decisions for yourself. In the document, you specify under what circumstances you wish for your life to be sustained. The health care directive also can serve ...
Gay Married Couples Can Now Avoid And/Or Delay Paying Federal Estate and Gift Taxes
Recently, the IRS ruled that same-sex married couples can file federal joint returns, even if their state does not recognize their marriage. In addition, gay couples can now avoid or delay paying federal estate taxes because couples can transfer property to each other without incurring federal ta...
Beneficiaries' Rights and No Contest Clauses in Trusts
Many times, clients plan ahead and have an experienced lawyer draft an estate plan which includes a trust. The clients then duly transfer their assets into the trust. As a result, when they die, their heirs do not have to go through the California probate process because their property will be di...
What do you do when your loved one dies and you can't find a will or trust?
Unfortunately, when people die, they do not necessarily leave directions as to where important documents can be found. As a result, their loved ones end up sorting through piles of paperwork to try to find a trust or will. Obviously, the best way to avoid this situation is to set up an estate pla...
Trust Provisions Result in 30-Year-Old Billionaire, Youngest in America
In-N-Out Burger has been family owned since the first simple stand opened in the late 1940s and upon turning 30 years old, Lynsi Torres has inherited half of the company. Since it was first established by Torres' grandparents, Harry and Esther Snyder, in 1948, family members have always owned the...
Finlay Law Group, APC Offers Free Initial Case Evaluations
Are you wondering what will happen to your estate after you pass? How will your assets be passed on to your loved ones? Who will carry out your will in compliance with your wishes? These are all valid questions that deserve an answer. I, Mary Finlay, believe that preparing for the future is the b...
Learn More about the Finlay Law Group!
Every adult should be planning for their future by creating a will or trust that they can pass on to future generations. Whether you are newly married and want to include your spouse in your estate plans, or are a grandparent of seven grandchildren and want to apportion your assets to them all eq...
Welcome to My Blog!
At Finlay Law Group, APC, I am intent on providing answers, information, and legal assistance to my clients. Check back frequently for helpful information and tips regarding probate, trusts, and other estate planning issues.