Happy New Year to all! This is the last blog of the year and hoping you all have had a joyous holiday season and wishing you a delightful New Year! Did you know that more people die on New Year’s Day than any other time of the year? Sorry, one of...
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I have previously blogged and responded to Frequently Asked Questions about the need to periodically review your estate (FAQ: I Already Have an Estate Plan, so I am Good, Right?) and business plans (Blog: December 25, 2019, End of Year Checklist For Your Business.). So, what would be more appropriate...
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It’s been my experience that estate Beneficiaries can be a little too passive. When a loved one passes, likely a family member or close friend has been named the Personal Representative of the Estate, and/or Trustee of the Family Trust. That person is likely grieving as well. Maybe they have no idea...
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The Heggstad Petition. Otherwise know as the “I forgot to fund my Trust Petition.” If you have an estate plan that includes a Trust, hopefully you know what I am talking about. If not. This article is for you. If you don’t yet have an estate plan, this might be a good...
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Like many of you, our family will be celebrating Thanksgiving by Zoom this year. My older brother and younger sister both live in the D.C. area, and my parents have recently all but moved there to help out the raising the next generation of Cashmans. While we typically all meet at my...
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There are winners and loser in every piece of legislation. On this past election day, a slim majority of California voters passed Proposition 19. The winners: firefighters who will receive funds from the projected new tax revenue; and wildfire victims, severely disabled, and homeowners over 55 who wish to move within California....
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One of the most common estate planning questions is whether the creation, or more specifically, the funding, of a Trust creates an additional tax filing requirement. In other words, once I fund the Trust with assets, and those assets create income during the tax year, do I need to file an income...
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Trustees have a duty to defend the Trust in actions and lawsuits filed against it (Cal. Prob. Code § 16011; Hawaii Revised Statutes 554A-3). State Trust law also recognizes no contest clauses in Trusts that disinherit beneficiaries who unsuccessfully challenge the Trust. (Hawaii Revised Statutes 560:3-905; Cal. Prob....
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The legal formalities required to create and amend a Will versus a Trust are not the same. In most states, including California and Hawai’i, a Will must be signed by the Testator and witnessed by two people. Exceptions apply. For example, both states allow for a Will to be handwritten...
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Many estate plans contain both a Will and at least one Trust. When a Trust is involved, typically the Will is a pour-over Will. The Will may contain many things, like the designation of guardians, or it may simply “pour-over” any estate property, not already titled in the name of the Trust,...
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