Sargent Law Offices

Alameda County Business, Estate Planning & Probate

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Recent Posts in Estate Planning

  • 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 ...
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  • 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 ...
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  • 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. ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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. ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • Posted By Hannah Sargent 4-Jun-2015

    What Is a Will?

    Wills are what most people think of when they consider estate planning and certainly a vital part of any estate plan. Whether you also set up trusts and other vehicles for the transfer of your wealth, it is almost always a good idea to have a will as ...
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  • Posted By Hannah Sargent 1-Jun-2015

    Alternative Ways to Provide for Children: Life Insurance and Educational Insurance Plans

    For parents who may not have many assets to leave to their children, particularly young parents, life insurance and educational insurance plans may be good options for providing for their children’s future. Life Insurance Life insurance can be ...
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  • Posted By Estate Planning Attorney 30-May-2015

    Providing for Children in Estate Planning (Part 3 of 3)

    Part 3: Trusts and Property Guardianships As mentioned in the previous post, there are three main ways that property is managed for children in estate planning – custodianship under the UTMA, trusts for children, and property guardianships. ...
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  • Posted By Estate Planning Attorney 29-May-2015

    Providing for Children in Estate Planning (Part 2 of 3)

    Part 2: Appointing a Property Manager and Custodianship under the UTMA Since children under the age of 18 may not own property legally (beyond a minimal amount) it is necessary to appoint a “property manager” for your child in your estate ...
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  • Posted By Estate Planning Attorney 28-May-2015

    Providing for Children in Estate Planning (Part 1 of 3)

    Part 1: Appointing a Personal Guardian One of the most common reasons people have for preparing an estate plan is to provide for their children in the tragic event that they and/or their spouse die before their kids are grown. This post will discuss ...
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  • Posted By Hannah Sargent 22-May-2015

    The Estate Is Not Very Big. Do I Still Need to Go Through Probate?

    California Probate Code section 13100 provides for a Small Estate Probate in order to avoid a full probate if the decedent’s real and personal property in the state of California does not exceed $150,000 at the time of the decedent’s ...
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  • Posted By Hannah Sargent 8-May-2015

    Special Provisions for Minors is Part of Good Planning

    Clients with minor children know the importance of selecting who will take care of their children should an accident befall them. Special provisions in your will or trust for minors is also important for those with adult children or other adult ...
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  • Posted By Hannah Sargent 7-May-2015

    Do I Put My Retirement Plan in My Trust?

    What to do with my retirement plan? Retirement plans: 401(k)s, 403(b)s, and IRAs are a few of the assets that are generally not recommended to put into a trust. The nature of the instrument is that any change of ownership or title can trigger the ...
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  • Posted By Hannah Sargent 29-Apr-2015

    When Should I Have My Trust Reviewed?

    A revocable living trust is a living, breathing document. You can, and should, make changes to it. Once you lose capacity, or die, the trust generally cannot be changed. As a rule-of-thumb, you should conduct a review of your trust every five years. ...
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  • Posted By Hannah Sargent 23-Apr-2015

    Do I Need a Will or a Trust (Part 2)?

    In the previous post we discussed the costs and benefits of the two documents: a will and a trust. In this section we discuss the following factors which play into the decision: your particular family situation, the number and type of your assets, ...
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  • Posted By Hannah Sargent 22-Apr-2015

    Do I Need a Will or a Trust? (Part One)

    Whether you should prepare a will or trust is a personal decision dependent on many factors. Some of the most important factors include: your family situation, the number and type of your assets, and whether reducing the cost of your estate ...
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  • Posted By Hannah Sargent 6-Dec-2012

    Estate Tax Rules of Thumb

    One of the questions I am regularly asked is,”Will my spouse/relatives/children get taxed on their inheritance?” The answer varies in each circumstance, but here some rules of thumb regarding estate tax: Spouse: If your spouse is a U.S. ...
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Recent Posts

  • What is Elder Law?
  • Selling a Home Owned by Your Late Parents
  • Revocable Transfer on Death Deed
  • How to Undo a UTMA - Part II
  • How to Undo a UTMA
  • Hidden Dangers in Setting Aside Money for Young Children
  • Gifting Property Before Your Passing
  • Estate Planning Strategies for Blended Families

Categories

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  • Bank Accounts (1)
  • Beneficiary (2)
  • Business Litigation (1)
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  • Estate Taxes (3)
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  • Living Trust (1)
  • Probate (11)
  • Retirement (1)
  • Same-Sex Marriage (1)
  • Special Needs (1)
  • Supreme Court Decision (1)
  • Trust (6)
  • UTMA (2)
  • Wills (8)

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Sargent Law Offices - Castro Valley Estate Planning Attorney
20880 Redwood Road, Castro Valley, CA 94546 View Map
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