Michael Bensal, through his investment LLC, obtained a bank loan guaranteed by the U.S. Small Business Administration to open a fast food business. Bensal personally guaranteed repayment. The business failed and Bensal’s LLC defaulted on the loan. The bank sued…
Humboldt County Pays for Bogus Challenge to Advance Health Care Directive
Dick Magney knew that drawing up an advance health care directive was the best way to protect his desire for a natural death with minimal discomfort. He named his wife, Judith, to see that his wishes were carried out. This…
Estate Planning Corner: Designate Retirement Account Beneficiaries to Protect Your Legacy
No one wants to pay more taxes than they owe, but your estate can wind up shelling out extra if you don’t clearly designate your retirement account beneficiaries. This mistake recently cost the estate of John DiMarco a huge chunk…
Administering Special Needs Trusts
Many families seek to protect the resources of a loved one with special needs through the creation of a Special Needs Trust (SNT). A properly drafted SNT allows the beneficiary to avoid wealth depletion through access to free and low…
How to Protect Your Beneficiaries from Their Creditors
When creating trusts, estate planning lawyers use tricks of the trade such as “spendthrift” and “shutdown” clauses to protect trust money from claims of the creditors of beneficiaries. But on appeal, the court showed Cynthia Vedder that there are exceptions…
An Estate and Trust Attorney’s Prediction: Estate Tax Will be Repealed in 2017
The federal estate tax is a tax on the date of death value of a person’s assets in excess of about $5.5 million. It is designed to redistribute wealth. Donald Trump promised significant tax reduction and repeal of the federal…
Estate Planning Corner: Last Chance for Valuation Discount Planning and More
…………….. Valuation Discount Planning The U.S. Treasury Department has proposed regulations that will make it more difficult for families to engage in valuation discount planning as soon as January 1, 2017. This could potentially make this the last opportunity to…
Estate Planning Issues in the News
Privacy Lessons of ‘To Kill a Mockingbird’ Author Harper Lee As the daughter of a country lawyer in Alabama, Harper Lee was able to bring fictional defense attorney Atticus Finch vividly to life in her classic Pulitzer Prize-winning 1960 novel…
Estate Planning Corner: Prince Has Left the Building, But Did He Leave a Will?
When inimitable superstar Prince died in April at the age of 57, he left behind millions of grieving fans and a majestic artistic legacy. But it’s still unknown whether he left a will indicating who inherits his estimated $250 million…
Trust Document Can Provide for Attorney Fees in Battle
“No-contest” clauses are designed to discourage beneficiaries from contesting wills and trusts by specifying that those who do so forfeit what they would have received under the will or trust. A “no-contest clause with teeth” contains a defense provision, authorizing…
Donald Sterling Update: Appellate Court Confirms Clippers’ Sale
A probate judge had ruled Donald Sterling incompetent to manage his own trust, which included ownership of the Los Angeles Clippers. Sterling’s wife Shelley then became sole trustee and, though he tried to revoke the trust, she sold the team…
California Creates "Transfer on Death Deed" for Real Estate
The California legislature has created a new “transfer on death deed” for real property. On Monday, November 9, 2015, Governor Jerry Brown signed AB 139 into law, allowing for deeds that provide for a transfer upon the death of the owner.…