Blog Posted By Hannah Sargent 28-Oct-2016 What is Elder Law? Instead of being defined by a technical legal category, elder law attorneys are defined by the type of client they serve. As the name implies, elder law attorneys are advocates for the elderly and their loved ones, but they also serve disabled people ... Continue Reading Posted By Sargent Law Offices 1-Aug-2016 Selling a Home Owned by Your Late Parents Have you lived in your parents’ house your entire life? While that may be the one place you call home, it may not necessarily be yours to keep or sell after your parents pass away. Due to estate planning laws, the familiar home will still need ... Continue Reading Posted By Hannah Sargent 18-Dec-2015 Revocable Transfer on Death Deed The revocable transfer on death deed, California Probate Code Section 5600 et seq. goes into effect on January 1, 2016. It will take time to see how this new process will work, but here are the basics. Some ins and outs of the new California Probate ... Continue Reading Posted By Sargent Law Offices 18-Sep-2015 How to Undo a UTMA - Part II The last article discussed some common reasons people have for wanting to dissolve a Uniform Transfers to Minors Act (UTMA) account set up in the past for their kids. Unfortunately, a UTMA is an irrevocable account and legally belongs to your child. ... Continue Reading Posted By Hannah Sargent 17-Sep-2015 How to Undo a UTMA Oftentimes, well-meaning parents or grandparents set up a custodial account for their child under the Uniform Transfers to Minors Act (UTMA), but later realize they should not have done so. What then? This article will discuss why you may regret ... Continue Reading Posted By Sargent Law Offices 14-Sep-2015 Hidden Dangers in Setting Aside Money for Young Children When you set aside large amounts of money for your young children to control, you are surely working on the best intentions. What could be wrong with a minor having so many finances? The truth is that there is a right and a wrong way to do something ... Continue Reading Posted By Sargent Law Offices 11-Sep-2015 Gifting Property Before Your Passing The main priority for many people who are entering their golden years is to create an estate plan, either through a will or a trust, which takes care of their friends, family, and loved ones. If you have already prepared for what will happen to your ... Continue Reading Posted By Sargent Law Offices 26-Aug-2015 Estate Planning Strategies for Blended Families A blended family (where one or more spouses have children from a previous marriage) presents some difficult estate planning issues, but the following strategies can greatly reduce the likelihood of unintended outcomes or bitter inter-family conflict. ... Continue Reading Posted By Sargent Law Offices 24-Aug-2015 Special Estate Planning Needs for Blended Families If you have a blended family, you are in the majority of families in America today, and you have some special estate planning considerations you must address if you want to ensure the best possible outcome for your loved ones. A blended family is ... Continue Reading Posted By Sargent Law Offices 8-Aug-2015 Beware! How Living Trust Mills Scam Clients One very important thing to be wary of when considering getting a living trust are trust sales companies, otherwise known as “trust mills.” These companies are often large organizations that sell living trusts and related documents at a ... Continue Reading Posted By Sargent Law Offices 7-Aug-2015 Beneficiaries, Bank Accounts & Wills: Making Sense of the Details Question : My father died many years ago. My mom died last month and my sister says that my mom’s bank account goes to her because she is the only listed beneficiary on the account. My mom’s will says that everything should be split three ... Continue Reading Posted By Hannah Sargent 5-Aug-2015 How Does Portability Affect My Estate Plan? In light of Congress’s recent adoption of “portability” of the federal tax exemption between spouses, big changes are underway and already established. If you preparing to draft an estate plan, be sure you have a good understanding ... Continue Reading Posted By Hannah Sargent 31-Jul-2015 "5 Ways to Get in Trouble as a Successor Trustee" I recently published an article on Avvo titled "5 Ways to Get in Trouble as a Successor Trustee." The full article can be viewed here. In my article, I outlined five things you should not do as a successor trustee. They are as follows: ... Continue Reading Posted By Hannah Sargent 31-Jul-2015 Why You Probably Don't Need an A/B Trust Anymore Under recent laws passed by Congress – effective 2011 and made permanent in 2013 – spouses now have “portability” of their federal estate tax exemption. This means that the unused portion of one spouse’s exemption can be ... Continue Reading Posted By Hannah Sargent 30-Jul-2015 Can I Keep My Home If There Is No Cash in the Estate and Creditors Seeking Payment? You have no cash in your estate and creditors are coming after you and your home for payments. It is a horrible situation that people down on their luck have to face each and every day. The feeling of losing it all can cause sleepless nights and ... Continue Reading Posted By Sargent Law Offices 29-Jul-2015 Issues That May Arise When You Die Without a Will As mentioned in our previous blog, dying without a will is called dying “intestate.” Below, we’ll discuss key elements of intestate succession laws that are important to consider, especially if you are the executor for someone who ... Continue Reading Posted By Hannah Sargent 27-Jul-2015 Choosing the Best Special Needs Trust for Your Circumstances A special needs trust is an excellent way for parents or caregivers to make sure that a loved one with disabilities will be well provided for even after the caregiver’s death. One of the most helpful features of a special needs trust is that it ... Continue Reading Posted By Sargent Law Offices 22-Jul-2015 Gaining Increased Control over Your Marital Trust Property Oftentimes married couples would like more control over how their trust property is distributed after their death. This may occur if a couple enters into a second or third marriage later in life, but has children from previous marriages. The trust ... Continue Reading Posted By Sargent Law Offices 20-Jul-2015 Supreme Court Decisions Brings Tax and Inheritance Benefits to Same-Sex Marriages In Obergefell v. Hodges, the Supreme Court ruled that the Fourteenth Amendment requires that all states license and recognize same-sex marriages. This decision requires that all married couples are treated equally under Federal and State law. Many ... Continue Reading Posted By Sargent Law Offices 16-Jul-2015 Living Wills & Advance Health Care Directives: What are They? Living wills and advance health care directives are legal documents that provide instructions for your medical care in the event you are unable to make those decisions for yourself (typically in the context of terminal illness, serious injury, coma, ... Continue Reading Posted By Hannah Sargent 15-Jul-2015 Planning for Incapacity Although it is very unpleasant to contemplate being incapacitated, whether through gradual illness or sudden tragedy, it is a great gift to our loved ones to prepare for such an event. If you do not make appropriate end-of-life decisions ahead of ... Continue Reading Posted By Hannah Sargent 9-Jul-2015 Will I Need to Pay Estate Taxes? Often people are worried about paying estate taxes upon death and the burden that this will have on their finances. Few people, however, will actually be wealthy enough to owe such taxes, especially given certain IRS exemptions and deductions. In ... Continue Reading Posted By Hannah Sargent 7-Jul-2015 What is a Durable Power of Attorney for Finance? A durable power of attorney for finance is a legal document that gives another person authority to conduct your finances on your behalf. That person is often referred to as an “agent” or “attorney-in-fact.” Having a durable ... Continue Reading Posted By Hannah Sargent 15-Jun-2015 How the Probate Process Works Probate is the process of collecting the deceased’s property and distributing it in accordance with the terms of his or her will. The process is supervised by a local probate court and follows a process regulated by state law or the Uniform ... Continue Reading Posted By Hannah Sargent 11-Jun-2015 Should I Hire a Probate Lawyer? As is evident from the previous post, an executor’s duties can be incredibly time-intensive and complicated depending on the type of estate that is being probated. Often an executor will hire a lawyer to help guide him or her through the ... Continue Reading