.

.

Here is probably more than you'd ever want to know about estate planning and probate. But as always, we want you to have as much knowledge and understanding as possible about the legal process. Click on any of the questions below to view the answer. Check back periodically, as I add more questions and answers.

Will Questions

● If I die without a will, won't the State of California take everything?   ● I don't own a house and have only a few thousand dollars in the bank. Do I need a will?   ● Who can witness my will?  ● Should my will be notarized?  ● Can I prepare my own will or trust? ● What is a "holographic will?"  ● I made my will in another state.  Is it legal in California?  ● Where should I keep my original will and/or trust? 

Trust Questions

● What is a "living trust?" Do I need one?   ● How does a trust work?   ● How do I manage my trust while I am alive?   ● Will a living trust avoid estate taxes?   ● Will a living trust protect my assets from creditors?   ● Will a living trust allow me to qualify for Medi-Cal while still leaving my assets to my children?   ● I have a disabled child on public benefits. What is a "Special Needs Trust?"   ● If I have a trust, do I still need a will?   ● What about those "Trust Seminars," then? 

If you think you might be interested in a living trust, you may download my trust worksheet here

Inheritance Questions

● Will my husband share in my inheritance from my parents?  ● If my daughter dies, will my son-in-law inherit my estate? 

Disinheritance and Will Contests

● How do I make sure my will or trust can't be challenged?  ● Can I contest my father's/grandmother's/uncle's will?   ● Can I disinherit one of my children?

Minors' Issues

● Can I choose who will take care of my children if my wife and I die?  ● Is a minor allowed to inherit?  If so, how much? 

Powers of Attorney

● What is a Power of Attorney?  ● What is a Durable Power of Attorney?  ● What is an Advance Health Care Directive or a Durable Power of Attorney for Health Care?  ● What is a Durable Power of Attorney for Financial Matters?  ● Where should I keep my original Durable Powers of Attorney?

Miscellaneous Questions

● What is the difference between "community property" and "separate property?"   ● I owned my own home, but put my husband's name on it after marriage.  Does that make it community property?   ● What if I didn't put my husband's name on the house? Will it be mine if we divorce or will he still get half?   ● What is the difference between tenants in common and joint tenancy?