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Estate Planning Defined – Can The Trustee of a Continuing Trust Who is Also The Beneficiary Withdraw Trust Principal?
Issue: I recently received the following question from a Caller: I am a beneficiary of a "Bypass Trust," which was set up after my Father's death and had been managed for the benefit of my Mother during her remaining lifetime. My Mother just died. I have been told...
Estate Planning Defined – What are the “Pros” and “Cons” of “Transmuting” Property Owned by a Married Couple in California?
Issue: Married couples who reside in California have the opportunity to accumulate community property, separate property, quasi-community property, or some combination of the three. Sometimes a married person may wish to convert his or her separate property to the...
Estate Planning Defined – How Can an HEIR AT LAW Recover Her Share of an Inheritance After the Close of the Probate of Her Relative’s Estate?
I recently received a question from a potential client who called me regarding the probate of a relative's estate. She told me that her relative died without a Last Will & Testament in place. Apparently, the Caller was not notified that her relative had died and...
Estate Planning Defined – What Is Community Property?
In this post, I define community property, which is a term that, I have found, is not always clearly understood by those who use it. First, community property can be either real property (farm land, raw land, land improved with buildings, a condominium, a townhouse, a...
Estate Planning Defined – What Is an “Estate Plan”? (Part 3 of 3)
This post is Part 3 of our 3-part series in which we answer the question: What is an "Estate Plan"? From Part 1 of this series, I gave you the general definition of an estate plan and listed the two primary types of estate plans: An Estate Plan that is built around a...
Estate Planning Defined – What Is an “Estate Plan”? (Part 2 of 3)
This post is Part 2 of our 3-part series in which we answer the question: What is an "Estate Plan"? From Part 1 of this series, I gave you the general definition of an estate plan and listed the two primary types of estate plans: An Estate Plan that is built around a...
Estate Planning Defined – What Is an “Estate Plan”? (Part 1 of 3)
Hello! Welcome to the first blog post of Estate Planning Defined. I am James B. Creighton, attorney at law, and I am the author of this blog, which is intended to provide estate planning, probate, trust, and long term care planning information to the community. My...
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