Does my Home go into my Living Trust?

People often ask “what items do I put in my Revocable Living Trust?”  Usually the biggest and most important item is your home.  The process for putting your home into a Revocable Trust is fairly simple, but you must take care.  The attorney will obtain the latest deed to your home if you don’t have one, then he or she will prepare a new deed that transfers the home from you as an individual to you as Trustee of your Revocable Living Trust.  It does not matter if you are still paying a mortgage on your home, it can still be put into the Living Trust.  Reverse mortgages can cause some issues, and it is very advisable that you contact an attorney before changing any titles to such property. If you have property outside of California, then an attorney in the other state will need to prepare a deed and have it recorded.  Your estate planning attorney will explain all of the details to you.

 

A “PCOR”, or Preliminary Change of Ownership Report is also filled out and submitted with the deed to the County Recorder’s Office.  This PCOR basically tells the County Recorder that the home is being transferred to a Revocable Trust, and that no reassessment is needed (so property taxes don’t go up!).  This is also a very important step. 

   

It is important to remember that one does not lose control of their property when they create a Revocable Living Trust (sometimes called an Inter Vivos Living Trust, or just Living Trust).  Think of a Living Trust like a bucket that you built.  You decide what to put in your bucket (with advice from an attorney), and what to take out of your bucket should you so choose.  The IRS, as a matter of fact, views this bucket as an extension of you and doesn’t require a separate tax return.  You just do your taxes as normal.  If something happens to you, you can decide who is going to hold your bucket next.  This person is called the Successor Trustee.  Should you kick the bucket, you can decide what happens to what is left inside.  Forgive the attempt at humor.  We can’t take life too seriously! 

 

Please feel free to give me a call today and we can review your situation and other Estate Planning goals.  Everyone’s situation is different, and I can help create solutions. 

 

See lots of estate planning information on my website at: www.myestate-plan.com

 

William Daniel Powell (Dan)

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

****************

What Does the Typical Estate Plan Include?

 

Well, let’s start with discussing what a “typical” estate plan is, and is not.  The fact is that there is not really one typical estate plan as everyone’s situation is a bit different.  There is a fairly common set of circumstances that creates a “typical” estate plan, and usually covers most people.  However, there are several situations that require special estate planning, and push some people out of the more typical estate plan.

 

 

Special Estate Planning to Avoid the Federal Estate Tax

 

Most of us don’t have assets that would push us into the realm of needing to worry about federal estate tax.  If you have assets that meet, exceed, or will exceed the Federal Estate Tax Exclusion amount, then you will likely want some non-standard estate planning.  For the year 2016, the Federal Estate Tax Exemption is $5,430,000 for an individual, and $10,860,000 for a married couple.  This means that an individual can leave $5.43 million to their heirs and no Federal Estate Tax will be imposed, and a married couple can leave $10,860,000 to their heirs without worrying about triggering the Federal Estate Tax. 

 

 

Special Estate Planning Required for Other Situations

 

Some other situations that generally require special estate planning include those adults with special needs, or those with children that have special needs.  A Special Needs Trust is used to ensure that those receiving means-tested public benefits don’t become disqualified by receiving an inheritance or other income. 

 

Another familiar situation is where there is a “blended family”.  In these situations, there is a couple or person with children from a previous marriage.  Their desire is to make sure their child or children receive an inheritance.  A married couple with a “standard” Joint Revocable Living Trust is set up in such a way so that the first spouse to pass leaves everything to the surviving spouse.  As you can imagine, in a blended-family situation, the surviving spouse is free to change the distribution scheme and leave the entire estate to whomever he or she wishes.  An A/B Trust prevents this by becoming irrevocable upon the passing of the Trustor that dies.

There are other “non-standard” situations that I won’t discuss here for the purpose of brevity.  If you have questions, please contact me, or an attorney licensed in your jurisdiction.

 

 

So get on with It!  What is in a Typical Estate Plan?

 

Okay!  So for the vast majority of us, and especially those of us in San Diego, the typical Estate Plan includes:

  • If you are single, it includes a Revocable Living Trust (sometimes called an Inter Vivos Trust, Living Trust, or even perhaps just a Trust)
  • If you are married, it includes a Joint Revocable Living Trust
  • A Pour-Over Will
  • Power of Attorney
  • An Advance Healthcare Directive (sometimes called an AHCD, or AHD)
  • It also includes a HIPPA release
  • A Certification of Trust
  • Trust Summary
  • The funding of the Trust with the family home

 

So as you see, it can be a bit different for each person.  Call me today and let’s get your plan together and get you some peace of mind!

 

Please feel free to give me a call today and we can review your situation and other Estate Planning goals.  I help create solutions. 

 

See lots of estate planning information on my website at: www.myestate-plan.com

 

William Daniel Powell (Dan)

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

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This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

****************

The Longevity Risk – Don’t Outlive Your Money, and Leave Some for the Kids – Part 2

  

What is the Longevity Risk?

 We have discussed what the “Longevity Risk” is in another blog, but it will serve us well to repeat the definition again.  Longevity Risk is the risk of living a long life, but needing so much personal care, such as assisted living or nursing care, that you outlive your money.  When this happens, all of the property and money you were hoping to give to your kids or others may be completely used up and gone. 

 

I Already Have an Estate Plan, Won’t That Protect My Assets?

 Not necessarily.  Many people I’ve run into in San Diego have created some kind of Estate Plan.  Most of the time the Estate Plan will consist of a Pour-Over Will, a Revocable Living Trust, an Advance Healthcare Directive (or ACHD, or AHD), a Durable Power of Attorney (a DPOA or POA), a HIPPA (Health Insurance Portability and Accountability Act) release and some other documents.  That’s great, but that alone doesn’t provide asset protection.  As we get older our needs change.  For most of us our assets also change as we mature.

  

What Can I Do to Protect my kid’s inheritance?

 There are choices available to most of us.  Call me and let’s discuss options and we will see if we can keep the golden years golden.  Please see my Blog for more discussion on the topic of planning for the elderly and asset protection.

 

See lots of estate planning information on my website at: www.myestate-plan.com

 

Call today and let’s discuss your Estate Planning goals.  Thanks for reading my blog.

 

William Daniel Powell

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

****************

Tuesday, 31 May 2016 01:58

Dave Ramsey Said I Only Need a Will

Dave Ramsey Said I Only Need a Will

First of all, let me start by saying that I respect Dave Ramsey.  Dave Ramsey, however, is not a lawyer, and he is certainly not a San Diego estate planning attorney.  Why is this relevant?  Well, Dave Ramsey quite often suggests that a Will is something that every person needs.  Moreover, he has said in his book that he thinks Trusts are unnecessary due to their cost of creation.  I agree with Dave Ramsey in that everybody needs some kind of estate plan whether that is a Will based plan, or Trust based plan.  A Will alone (or even in conjunction with the Living Will and Power of Attorney that Dave sells on his website) is not the one-size-fits-all solution that Dave Ramsey seems to suggest.  This is generally so because of the cost of Probate in California, and specifically so because of the cost of homes here in San Diego. 

 

Why can creating a Will cost more than creating a Revocable Living Trust?

Creating a Will based plan can cost almost as much as a Revocable Trust in certain situations, but it is generally a little more affordable.  A proper estate plan contains more than just a Will or just a Trust.  So much of the cost of creating a plan is the same in either option.  Also, if it takes 10 pages to dispose of items to those you choose, it will take 10 pages in a Will and 10 pages in a Trust, so the drafting time is very similar.  The real cost difference is in the cost of Probating a Will.  There is a link to one of my Blog posts above for you that details the cost of Probate in California.  The cost of a home here in California just means that the cost of Probate can go higher. 

 

So is a Will Based Plan Wrong?

No, I wouldn’t go so far as to say a Will based estate plan is always wrong.  For those with few assets, a Will may be preferred because they can take advantage of California’s simplified Probate procedure.  There are certain requirements for taking advantage of California’s Simplified Probate Process that you can read here.  But as I have stated before, a Revocable Trust centered estate plan is usually preferred to a Will because of the powers that a Living Trust provides such as:

  • A Trust is private where a Will is public record
  • A Living Trust helps you if you become incapacitated
  • Wills must be probated and the California Probate process costs time and money
  • Trusts allow for greater control over how and when the beneficiary is to receive property

 

Please feel free to give me a call today and we can review your situation and other Estate Planning goals.  Everyone’s situation is different, and I can help create solutions. 

 

See lots of estate planning information on my website at: www.myestate-plan.com 

 

Thank-you for reading.

 

William Daniel Powell (Dan)

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

****************

Saturday, 21 May 2016 01:02

Standalone Retirement Trust Part 1

Standalone Retirement Trust – Estate Planning for IRA’s

 

Clark vs Rameker

Clark versus Rameker was a case that was heard by the United States Supreme Court and it was a 9 to 0 decision.  The decision was handed down in June of 2014.  The Supreme Court held that inherited IRAs are not “retirement funds” within the meaning of federal bankruptcy law.  The effect of this decision is that inherited IRAs are available to satisfy creditors’ claims if the person inheriting them declares bankruptcy. 

 

Because of this decision, and if you’d like to protect your beneficiary’s inheritance, for the purposes of Estate Planning, we need to take some steps to make sure your beneficiary is protected.

 

In order to protect your beneficiary, a Standalone Retirement Trust (or SRT) should be created instead of just naming a beneficiary on your IRA.  Otherwise, if your beneficiaries have creditors, lawsuit judgments against them, or other predators, the IRA funds can be reached.  Naming a beneficiary on your IRA instead of using a Standalone Retirement Trust means the IRA funds will be given “outright” and gifts given outright are more exposed and generally not as preferred as giving a gift in Trust.  A Trust provides more protection than a gift given outright will ever provide.  Please see my Blog for more on gifts given outright versus gifts given in trust

 

Essentially what happens is that the funds will go to a third party Trust and because the Beneficiary did not create the Trust, did not use his or her own money for the Trust, and cannot modify the Trust, certain protections can be utilized to protect the beneficiary.  The trust must be carefully drafted in order to properly manage the funds and prevent mandatory payouts that will require emptying the IRA in as little as five years.  The Trust must be drafted in such a way as to ensure that the Trust itself qualifies as a “Designated Beneficiary.” The effect of having the Trust as the designated beneficiary means that the Trust will be able to take out what is called “minimum required distributions” (these are minimum dollar amounts that, according to the rules, must be payed out of the IRA) according to the beneficiary’s life expectancy, and not the plan participant’s life expectancy.

 

Please see my Blog for more discussion of Standalone Retirement Trusts and other aspects of Estate Planning.

 

Please feel free to give me a call and we can establish your Revocable Living Trust, Standalone Retirement Trust, Irrevocable Life Insurance Trust (ILIT), or other Estate Planning goals today.  If you have specific estate planning objectives, I can help create solutions. 

 

See lots of estate planning information on my website at: www.myestate-plan.com

 

Thanks for reading.

 

William Daniel Powell

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

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This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

****************

Tuesday, 17 May 2016 02:20

Elder Law and Estate Planning Part One

Elder Law Planning Part 1

 

What is Elder Law?

 

Elder law is simply the legal practice that focuses on the issues that affect the elder or older population.   That is kind of a big answer isn’t it? Well, it is. Elder law is not just cases that involve elder abuse, but any issue that affects the elderly. I am an Estate Planning attorney here in San Diego, and many issues that affect almost all of my clients, young or old, also affect the elderly among us. Estate planning touches almost all of the elder law issues that come to mind first such as:

  • Preventing elder abuse
  • Preventing elder financial abuse
  • Protecting and preserving assets
  • Providing for and planning for incapacity
  • Passing on our property to those we wish to pass it to
  • Managing healthcare costs
  • Managing long term care

 

An Estate Planning Attorney Better Understand Elder Law Issues

 

If estate planning and elder law are not inextricably linked, they are fast becoming more and more blended. With the issues of elder law that cross-over to estate planning, and the growing population of seniors, an estate planning attorney does his or her client a disservice by not addressing these issues with the client, even if the client does not take it upon themselves to ask. The Society of Actuaries has said that the population is aging, and growing faster than the general population. The Society of Actuaries has said that from the year 2000 to 2050, those in the age group of 65 years of age and older will grow by 147 percent, while those younger than that will only grow by 49 percent. You can look at the Society of Actuaries website here.

 

This increase of longevity is concerning because for many of us it presents a “risk” to our financial well-being. It is a risk to our financial well-being because of rising healthcare costs, problems that the Affordable Care Act (or ACA or Obama-Care) created, and because long-term care costs are also going up.

 

 

All of these issues and more will continue to be addressed in my blog.

 

See lots of estate planning information on my website at: www.myestate-plan.com

 

Please feel free to give me a call today and we can review your situation and other Estate Planning goals. Everyone’s situation is different, and I can help create solutions.

 

Thank-you for reading.

 

William Daniel Powell (Dan)

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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This document is for informational purposes only. Nothing in this is to be considered legal advice. Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship. If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction. I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

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Advanced Estate Planning – An Overview to ILIT Trusts

 

What is a Trust?

As discussed in my other Blog posts, a Trust is a means of passing property to other persons.  A Trust is an advantageous method of passing property for several reasons.  With a Trust, you can help yourself in planning for your potential incapacity.  Also, with a Trust, you can better control how your beneficiaries receive what you leave them and can help protect those you choose as beneficiaries from bad marriages, predators, and the like.  Trusts don’t need to go through Probate and therefore save time and money.  A Trust – be it a Revocable Living Trust, or Irrevocable Trust – is a private document where a Will becomes public record when Probate is opened. 

 

 

What is an ILIT?

 

ILIT stands for Irrevocable Life Insurance Trust.  An Irrevocable Trust is just that – Irrevocable and thus not able to be changed like a Living Revocable Trust can be.  Sounds kind of scary and final doesn’t it?  Well, there are great reasons to use an Irrevocable Trust.  One reason to use an Irrevocable Trust is to create a Special Needs Trust to protect means tested public benefits like Supplemental Security Income (or SSI), or Medicaid and others.  Another great use of an Irrevocable Trust is to create an ILIT or Irrevocable Life Insurance Trust – the subject of this blog. 

 

An ILIT is typically used as an advanced estate planning technique.  When a person wishes to leave money to a person, but is either over the federal estate tax exemption amount (in 2016 it is $5.45 million for an individual, and $10.9 million for a couple), or close to reaching the federal estate tax exemption amount, the use of an ILIT is a great option.  The reason it is a great option is because properly structured, an Irrevocable Life Insurance Trust means that the proceeds of the life insurance are not includable in the insured’s estate for federal estate tax purposes.  Therefore, tax savings are realized.

 

 

How does an ILIT (Irrevocable Life Insurance Trust) work?

 

For the rest of the explanation of ILIT Trusts and how they work, please see Part 2 of this Blog.  Thank you.

 

See lots of estate planning information on my website at: www.myestate-plan.com 

Please feel free to give me a call and we can establish your Living Revocable Trust, ILIT, or other Estate Planning goals today.  If you have specific estate planning objectives, I can help create solutions to achieve your specific purpose. 

 

Thanks for reading my blog.

 

William Daniel Powell

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

****************

This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

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Trustee Compensation: How Much Are Trustees Paid?

What is a Trustee?

One that creates a Living Trust (or Irrevocable Trust, or other kind of Trust) is called the Settlor or Trustor.  The Beneficiary receives the benefit of the Trust and is said to hold the equitable title to the property.  The Trustee hold the legal title and is essentially the manager of the property for the benefit of the Beneficiary.  Most of the time when a couple or individual sets up a Revocable Living Trust, they will be the Settlor, Trustee, and the primary Beneficiaries.  In the case of a married couple, they will be considered co-trustees.  A co-trustee can usually act alone, or in conjunction with the other co-trustee, and takes over if the first Trustee dies or becomes incapacitated.

 

What is a Successor Trustee?

A Successor Trustee takes over as Trustee upon the occurrence of a specific event.  Usually this event is when the Trustee dies or loses capacity.  The successor Trustee is usually a trusted family member or friend of the family.  Sometimes the Successor Trustee will be a Professional Fiduciary Trustee.  This may be advantageous in a variety of situations including where the Trustor has no family, where the children Beneficiaries don’t get along, or where the Trust may continue for a long period of time after the Trustor death.

 

Trustee Compensation

The Trust document itself can detail how much the Trustee compensation will be, and how it is to be paid.  California Probate Code section 15680 says in part that if the Trust provides for compensation, then the Trustee is entitled to such compensation, and that the amount may be adjusted up or down by the court if the Trustee duties are substantially different from those contemplated when the trust was created, where the compensation in accordance with the terms of the trust would be inequitable or unreasonably low or high, or in extraordinary circumstances calling for equitable relief.  Further, the Probate Code dictates that any such raising or lowering of compensation will only be applied prospectively after the court order is made.

 

California Probate Code also says that if the Trust document does not specify what the Trustee compensation will be, then the Trustee is entitled to “reasonable compensation” (Probate Code section 15681).  Moreover, the court can order that the compensation continue for as long as the court determines proper in either situation – where the Trust document details compensation, and when the Trust document does not (Probate Code section 15682).

 

There are other rules and situations that affect Trustee compensation that will not be discussed here in this particular blog. 

 

See lots of estate planning information on my website at: www.myestate-plan.com

 

Please feel free to give me a call and we can establish your Living Trust or other estate planning objectives today. 

 

Thanks for reading my blog.

 

William Daniel Powell

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

****************

Published in Trustee Compensation
Saturday, 30 April 2016 22:44

What is a Charitable Remainder Trust?

What is a Charitable Remainder Trust?

 

 

One way to think of a Charitable Remainder Trust (or CRT) is like a reverse mortgage that you establish with a participating charity.  You promise certain property to a charity, and in return they pay you a certain sum of money per year.  The amount the charity will give you yearly will depend on the value of the property you promise to give the charity, and your age when the charitable remainder trust is established.  Certain organizations offer charitable remainder trusts, and others do not.  Further certain organizations offer the legal service of drafting the CRT for free.  They usually do this to insure the Trust is drafted in the manner they prefer, and to keep the cost of having to review each charitable remainder trust to a minimum.

 

 

Even without a participating charity, a charitable remainder trust can be set up by an individual under the Internal Revenue Service Code.  This would still be an irrevocable trust like in the previous example.  The person that sets up the Trust called the Settlor or Trustor, establishes the irrevocable trust with him or herself as the beneficiary.  They receive a percentage of income, and the remainder goes to a charity.  This is usually considered an advanced estate planning method, but the classification is really pretty unimportant.  The only reason for the distinction is that it is usually used by persons with larger estates looking to reduce estate tax liability.  However, it can be used by anyone.  Some client’s situation is such that they find this option interesting.  Their situation normally is one where they either have huge charitable intent, or have no living relatives and huge charitable intent.  Whatever your situation, we can always discuss various options.

 

See lots of estate planning information on my website at: www.myestate-plan.com 

 

Give me a call today and see how affordable a quality Estate Plan that is 100% attorney advised, and 100% attorney prepared can be.   Effectuate your intentions, obtain your desired results, provide for those whom you care about.

 

 

Thanks for reading my blog.

 

 

William Daniel Powell

 

619-980-2297

 

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

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This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information.

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

****************

Does California Have an Easier Probate Process?

 

The simple answer to this question is yes, California has a simple and faster probate process for small estates that qualify. 

 

 

What is Real Property, and What is Personal Property?

 

Real Property is, generally speaking, land and everything that is attached or built into it.  Personal Property is everything else that is not Real Property such as anything that is tangible, movable property that is capable of being touched, felt, seen, or perceived by the senses. 

 

 

Who may use the California Small Estate Affidavit?

 

Heirs of the estate may use the small estate affidavit process.  It is not likely a good idea to use this process if the estate has a large amount of debt or where the estate is insolvent, or where the beneficiaries disagree about how the assets should be distributed.  In order to use this small estate procedure, 40 days must have passed since death, and no formal probate proceeding may have been opened.  Further, the estate assets (real and personal) must be valued at, or less than $150,000, and the value of the assets are determined at the time of the decedents death.  If the decedent owned real property, California Probate Code section 13200 provides for the transfer of real property valued up to $50,000 by the affidavit procedure (and there are some different requirements associated with this). 

What Assets Are Involved in the $150,000 Limit?

  • Bank accounts
  • Stocks, bonds, or mutual funds
  • real property valued at up to $50,000
  • similar type assets owned in the decedents name alone

What Items Are Excluded from the $150,000 Limit?

The items not included in the decedents estate include:

  • Property held in joint tenancy
  • Items held in a Trust, or Living Trust
  • Cars or vehicles
  • Retirement accounts such as an IRA
  • Life insurance or other accounts with a beneficiary designation
  • Pay on Death accounts

 

Because we live in the San Diego area, the requirement that the real property be valued at less than $50,000 is not usually a reality.  If real property is owned, it is almost always advisable to have a proper estate plan in place.  Not just to avoid probate, but to plan for incapacity, and better control how our estate is handled after our passing, and potentially provide some protection for our beneficiary from predators, creditors, bad marriages, or even from themselves.  

 

See lots of estate planning information on my website at: www.myestate-plan.com

 

For this and other significant reasons, a proper Estate Plan is important to have in place.  We do our best to care for ourselves and those we care most about.  Call me and let’s get your Estate Plan together to get you the peace of mind it provides.

 

Thanks for reading my blog.

William Daniel Powell

619-980-2297

This email address is being protected from spambots. You need JavaScript enabled to view it.

****************

This document is for informational purposes only.  Nothing in this is to be considered legal advice.  Nothing in this shall create an attorney/client relationship, nor shall it create a confidential relationship.  If you need legal advice (in California), feel free to contact me or someone licensed to practice in your jurisdiction.  I assume no liability or responsibility for actions taken, or not taken, as a result of reading this information

Also, please remember that I speak in generalities in my blog and my website. There are so many different factors that can contribute and completely change the outcome that it would be impractical to discuss all of them here.

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