Trusts & Estates Law Blog

Category Archives: Estate and Trust Planning

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Weintraub Tobin Welcomes New Associate Laurel Dein

Posted in Estate and Trust Planning, Probate and Elder Abuse Litigation, Taxation, Trust
I am excited to announce that we have a new member on our Trusts and Estates team!  Laurel E. Dein has joined our Sacramento Office as an Associate.  Laurel’s practice focuses on all aspects of estate planning, including the preparation and implementation of both foundational and sophisticated trusts, wills, powers of attorney, health care documents,… Continue Reading

Celebrity Trusts & Estates: Paul Walker Leaves His $25 Million Estate to His Teenage Daughter

Posted in Estate and Trust Planning
It was recently revealed that the late Paul Walker left his entire estate—valued at approximately $25 million—to his 15-year-old daughter, Meadow. As reported, Paul Walker named his father as the executor of his will and his mother, Cheryl, as the guardian of Meadow’s person and now-$25 million estate. Prior to his death, Meadow lived with… Continue Reading

Trusts & Estates Case Alert: Another California Appellate District Adopts Anderson v. Hunt Reasoning in Assessing Capacity to Execute a Trust Instrument

Posted in Estate and Trust Planning, Probate and Elder Abuse Litigation
The California Court of Appeal for the Sixth Appellate District issued a ruling Tuesday in Lintz v. Lintz, 2014 Cal. App. LEXIS 27 (6th Dist. January 14, 2014) adopting the reasoning of the Second Appellate District regarding the standard for legal capacity to execute a trust instrument (as announced by the Second Appellate District in… Continue Reading

Avoiding Acceleration: How to Put the Brakes on Due-on-Sale Clauses when Funding Your Revocable Living Trust with Encumbered Real Property

Posted in Estate and Trust Planning
When it comes to setting up a revocable trust, most people are primarily concerned with avoiding the time and expense associated with the probate process. To avoid probate, it is crucial that legal title to any real property is transferred to the trustee of the trust. In discussing the importance of funding the trust with… Continue Reading

Overcoming Proscrastination – Tips for Starting and Completing Your Estate Plan

Posted in Estate and Trust Planning
Are you having trouble completing or updating your estate plan, although you are convinced you should?  Maybe you have a referral to an attorney recommended by a friend or other advisor, but you haven’t yet scheduled the first meeting?  Or you have attended the first meeting with your estate planning attorney, but you can’t quite… Continue Reading

Marriage Equality Returns to California

Posted in Estate and Trust Planning
The United States Supreme Court issued its opinion in Hollingsworth v. Perry, 570 U.S. ___ (2013), this morning, regarding the validity of Proposition 8.  The outcome is that same-sex marriage is once again legal in California.  The Supreme Court did not rule on a specific right to same-sex marriage, but rather it stated that neither… Continue Reading

NEW U.S. SUPREME COURT CASE HIGHLIGHTS IMPORTANCE OF UPDATING BENEFICIARY DESIGNATIONS UPON DIVORCE

Posted in Estate and Trust Planning
Retirement plans and life insurance and annuities often constitute a large portion of a client’s estate.   At death, these plans are distributed by beneficiary designation, not by the client’s Will or trust. Many clients are aware that under California law (unless a Will specifically provides otherwise) bequests made to the former spouse in a Will… Continue Reading

Estate Planning 101: Getting Started

Posted in Estate and Trust Planning
Getting started with estate planning can seem like a daunting task. The various documents and the vocabulary can be confusing if you’ve never seen them before. Here’s a guide to the basics of a foundational estate plan: Trust: A trust is an agreement that makes it easier to manage assets during your lifetime and after… Continue Reading