Determining Capacity

In our society, when young men and women reach the age of 18, they are deemed as having attained the level of maturity necessary to be responsible for their own well-being, and thus make decisions for themselves. This is known as “competence,” or more accurately, “legal capacity.” Legal capacity means that someone has the mental […]

Using a Living Trust for Incapacity Planning

It’s common to consider the possibility of incapacity in the same terms as retirement—something far off in the distance, confined to old age. However, accidents and unexpected health crises can transform your life in an instant. If you were unable to control your affairs tomorrow, what would happen to you, your property, your home, and […]

How Trustees Can Avoid Posting a Probate Bond

In many instances, executors and trustees are required to obtain an executor bond or trustee bond before they can begin performing their duties. These bonds are known as probate bonds or surety bonds. These bonds essentially act as an insurance policy. If the executor or trustee doesn’t act in the best interests of beneficiaries—they’re neglectful, […]

Removing the Executor or Trustee of an Estate

In California, as in most states, executors and trustees have defined responsibilities that they must carry out. These duties generally include: Paying funeral costs Ensuring that the decedent’s wishes are carried out Possessions are inventoried Debts and taxes are paid Property is distributed to beneficiaries in a proper fashion In short, executors and trustees (from […]

Legal Responsibilities After the Death of a Family Member

Losing a loved one is an incredibly emotionally challenging time. In the days and weeks that follow, you will feel devastated, lost, and confused. But what is often overlooked during this time is the large number of legal obligations that family members must begin to fulfill within days of a family member’s death. If you […]

The Cons of Prenuptial Agreements

As we talked about recently, there are a lot of pros to prenuptial agreements, even if they get a bad rap. When used wisely, and in the right circumstances, a prenup can be a useful legal tool. Unfortunately, the bad PR is justified in some respects. Today we’re going to talk about some of the […]

What If You Don’t Agree With The Judge?

Whether you disagree with a judge about a single minor matter in a court case, or you disagree with the ruling in a court case, contradicting a judge can be extremely intimidating. After all, judges are the deciders in court cases where a jury isn’t involved. And even when your fate is in the jury’s […]

The Pros of Prenuptial Agreements

The phrase “prenuptial agreement” may well be the two least romantic words in the English language. Prenups have a negative reputation, in part because people simply don’t like thinking about the possibility of divorce when they’re getting married. But that reputation has likely been cemented by print and online media outlets running rampant with stories […]

Special Needs Trusts for Disabled Children

Recent studies indicate that about 5.2% of American children between the age of 5 and 17 have some sort of disability, a total of about 2.8 million children. While some children will–with the aid of special education programs during childhood and early adulthood–be able to live independent lives, many will always need some degree of […]

Pros & Cons of an LLC for Managing Property

While many people choose to invest in mutual funds and other intangible commodities, others prefer to invest in physical property, such as rental homes and multi-family apartments. Rental properties can be a great investment, but they carry with them the inherent, unavoidable risks that tenants bring with them, such as lawsuits. If you choose to […]