The Cancer of Living Trusts and Estate Planning

I have asked groups of Seminar attendees over the years what specific nemesis has cost individual Americans the most over the years. The most prominent answer has been “taxes.” Yes, taxes are a nemesis and they are costly, but in most cases, a necessary cost to our democracy. The answer, unfortunately, is not necessary and…

Electronic Wills

We are in a changing world which also affects Estate Planning. One of the innovations involves electronic Wills which has now been adopted in four states (Arizona, Indiana, Nevada and Florida on July 1st). The Will is created and signed on a digital device such as a computer or tablet. This is a Simple Will,…

The New Secure Act Not So Secure For Inherited IRAS

The new Secure Act recently signed by Trump will have an impact of tax increases on Inherited IRAs and took effect on January 1, 2020. 1. Who does it effect? 2. What does it mean? Who does it effect? The new tax legislation impacts non-spouse beneficiaries and Trusts which designate such individuals as beneficiaries. It…

The End of Life Option Act of California

Assisted death, with California’s new laws coming into effect in a few short months, can be a very controversial topic amongst patients, physicians, and the general public. While these new laws raise many questions regarding morality and ethics, they also bring up a dilemma for physicians concerning the identification of the cause of death on…

Should You Include Accounting in Your Living Trust

Here is something you need to be aware of and guard against. If you lose capacity or resign as acting Trustee of your Living Trust, your Successor Trustee does not have to provide an accounting to your Trust beneficiaries during your lifetime. Until the recent California Supreme Court case of Estate of Giraldin (55 California…

The Living Trust Initial Consultation and Retainer: Part 1

Many potential clients ask, what can we expect in our initial consultation at The Stephens Law Group? The following is a description of the process: When you call for your complimentary one hour consultation, the Office Manager will arrange a convenient date and time for you to meet with me, Jack Stephens. I am the…

Using a Trust to Protect the Inheritance of a Disabled Beneficiary

If you intend to benefit a disabled child or beneficiary with an inheritance, you better get to amending your Living Trust. Or, maybe you are thinking that you can’t provide for the disabled beneficiary because he/she would lose their Medi-Cal or SSI. Not so — you can provide for them, but you better get crackin….