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Los Angeles Probate, Estate & Tax Blog
Recent developments in Probate, Estate and Tax Law.
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Reciprocal Will: What You Need to Know
Short Answer A Reciprocal Will  (also called a Reciprocal Wills, Mirror Will, Mutual Will, Joint Will,  or Reciprocating Will ) is an estate-planning arrangement where two people—often spouses, partners, or individuals in second marriages—create Wills mirroring each other’s terms. While it may seem simple, the legal consequences can be binding and long-lasting, sometimes restricting future Estate Planning choices after the first spouse or partner dies. Consulting an AttorneyÂ
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Estate Planning for Blended Families in California: Navigating the Complexities with a Customized Approach
Short Answer: In California, blended families often face unique estate planning challenges due to remarriages, stepchildren, and differing family dynamics. Creating a well-thought-out will or trust is essential to ensure fair asset distribution, address inheritance concerns, and prevent family disputes. A customized estate plan that accounts for biological children, stepchildren, and the surviving spouse is crucial for long-term financial security and clarity. Introduction: T
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How estate planning helps parents of children with special needs in California
Short Answer: Estate planning helps parents of children with special needs by providing financial security, ensuring long-term care, and offering peace of mind. It includes tools such as special needs trusts, power of attorney, guardianship, and more to protect both the child’s future and the family’s well-being. Introduction: As a parent of a child with special needs in California, ensuring their well-being and future is your primary concern. Whether your child has a chronic
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Will I Get a Bill as My Inheritance in California?
Short Answer No, you do not inherit a deceased person’s debt in California . However, the estate may be required to repay creditors before you receive your inheritance, and in limited situations involving cosigned loans, joint credit card accounts, or marital debts in a community property state, you may face some degree of financial responsibility. A proper review of the estate, the debt, and California’s inheritance laws is essential. Introduction: Why Californians Fear “Deb
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Beneficiary Designation vs. Will: The Critical Estate Planning Battle Most People Overlook
Short Answer A beneficiary designation  on financial products—such as retirement accounts, life insurance policies, annuities, and financial accounts—generally supersedes a will. Even if your will states one wish, the beneficiary designation document operates as a binding contract with the financial institution and controls asset distribution outside the probate process. Therefore, coordinated estate planning is essential to ensure your testamentary intentions and last wishes
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Can I Add My Mobile Home to My Will in California?
Short Answer Yes, you can add your mobile home to your Will in California. However, it's important to consider whether it is classified as personal property or real property, as this distinction will impact the legal steps involved in asset distribution, title transfer, and estate planning. You may also want to explore the benefits of setting up a living trust for smoother property transfer and avoidance of probate. Introduction Estate planning can be complex, especially when
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Why DIY Estate Planning Often Ends in California Court? The Risks of Going Solo
Short Answer DIY estate planning, though seemingly cost-effective, often results in costly legal issues and probate court battles in California. Common pitfalls like ambiguous language, failure to properly fund trusts, or noncompliance with the California Probate Code can lead to estate invalidation, beneficiary disputes, and legal exposure. Working with professional legal guidance ensures that your estate plan is executed correctly, protecting your family and assets. Introdu
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Understanding Mirror Wills in California: A Guide for Married Couples and Partners
Introduction: What Are Mirror Wills? As a married couple or partners in California, estate planning is crucial to ensure your final wishes are carried out. One of the most effective ways to do this is through mirror wills. But what exactly are mirror wills, and why should they be part of your estate planning strategy? In this blog post, we will dive deep into the concept of mirror wills, explain how they work, and explore their advantages, especially for married couples, part
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What Happens to Your Property After Death Without a Will in California? A Lawyer's Guide to Probate and Intestate Succession
Short Answer: If you pass away without a will in California, your property will go through a legal process called probate. During probate, the court will follow California's intestate succession laws to transfer your property to your heirs, typically a surviving spouse, children, or close relatives. A personal representative, appointed by the court, will manage the estate and ensure that your debts are paid before distributing assets. Introduction: Understanding the Importanc
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Last Will vs. Living Will: Understanding the Crucial Difference for Your Estate and Health Care Planning
Short Answer The last will outlines how you want your property and assets distributed after your death, appoints guardians for minor children, and names an executor to handle your estate. In contrast, a living will specifies your health care preferences and medical decisions in case of incapacitation or an end-of-life situation, including instructions for life-prolonging treatments, organ donation, and healthcare agents. Introduction: The Essential Legal Documents Every Adult
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Joint Wills in California: A Comprehensive Guide for Married Couples
Introduction: What Are Joint Wills and Why Should You Care? Estate planning is an essential part of ensuring that your assets are distributed according to your wishes after you pass. For married couples, one option they might consider is creating a joint will. In California, joint wills are a legal document where two people—usually spouses—agree on how their estate will be divided after their deaths. This agreement is executed in a single, combined testament, typically naming
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How to get a death certificate in California: A step-by-step guide
Introduction The loss of a loved one is never easy, and in addition to the emotional burden, the process of handling their estate can be overwhelming. One of the first and most crucial steps in settling the affairs of the deceased is obtaining their death certificate. This vital document serves as proof of death and is required for a variety of legal, financial, and personal matters. Whether you're a family member, an executor, or an estate administrator, understanding the pr
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What is a contingent beneficiary in California? A Guide for Estate Planning
Introduction When planning your estate, one of the most important steps is ensuring your assets are distributed according to your wishes. In California, understanding the role of a contingent beneficiary is crucial to a smooth estate distribution process. But what exactly does this term mean, and why is it so important for your estate plan? In this post, we’ll explore the concept of a contingent beneficiary, how they differ from primary beneficiaries, and why they play a pivo
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Estate Planning for Restricted Stock Units: Maximizing Wealth and Minimizing Taxes
Short Answer: Estate planning for Restricted Stock Units (RSUs) requires strategic thinking to address tax implications, vesting schedules, and the transfer of company stock. Incorporating tools like trusts, tax elections, and life insurance can help manage RSUs effectively. Advanced planning ensures that these assets are distributed according to your wishes and minimizes the tax burden for your heirs. Introduction: Navigating the Complexities of RSUs in Estate Planning Restr
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How Divorce Impacts Your Estate Planning Documents in California: Protecting Your Legacy After a Life Change
Introduction: When Life Changes, Your Estate Plan Should Too Divorce doesn’t just end a marriage — it reshapes nearly every part of your financial and legal life, including your estate plan. In California, a divorce can automatically revoke or modify certain rights in wills, trusts, and powers of attorney. But many documents require active updates to ensure your assets go where you intend. At Moravec, Varga & Mooney, we regularly counsel clients navigating divorce, remarriage
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