Posted by Mark Ruiz | Feb 03, 2025 |
If you have a loved one with special needs, estate planning isn't just about passing on assets—it's about making sure they're taken care of for the long haul without accidentally messing up their benefits.
A lot of well-meaning parents, grandparents, and siblings make the mistake of leaving mone...
Posted by Mark Ruiz | Jan 17, 2025 |
One of the most common questions people have about probate is: "How much does it cost?" If you're dealing with the loss of a loved one or planning your estate, understanding the costs associated with probate is crucial. Here, we'll break down the typical expenses you might encounter during probat...
Posted by Mark Ruiz | Jan 06, 2025 |
As a California Estate Planning attorney, I often have clients who own property in other states. Whether it's a vacation home in Nevada, a rental property in Arizona, or farmland in Texas, out-of-state property can complicate your estate planning if not handled correctly. Failing to properly addr...
Posted by Mark Ruiz | Dec 30, 2024 |
When clients come to my office to create a Trust, one common concern is what happens if they forget to transfer an asset, such as their home, bank accounts, or other property, into the Trust. This is a frequent issue, especially for individuals who are pressed for time, such as those preparing fo...
Posted by Mark Ruiz | Dec 28, 2024 |
In today's digital age, our lives are increasingly intertwined with the online world. From social media profiles and email accounts to cryptocurrency wallets and online banking, digital assets have become a significant part of our estates. But how do you ensure these assets are properly managed a...
Posted by Mark Ruiz | Dec 20, 2024 |
Many people have questions about estate planning, and one of the most common topics is whether it makes sense to name a living trust as the beneficiary of an IRA or 401(k). While this can be a good idea in some situations, it's not the right choice for everyone. Let's break down the pros and cons...
Posted by Mark Ruiz | Dec 11, 2024 |
When the settlor of a trust (the person who created it) passes away, the named Successor Trustee assumes the responsibility of managing and administering the trust's assets. One of the most frequently asked questions is: How should a Successor Trustee determine reasonable compensation? In Califor...
Posted by Mark Ruiz | Dec 02, 2024 |
A living trust isn't something you just set up and forget about. It's a tool designed to adapt as your life changes, but it doesn't do that on its own—you have to keep it updated. In this post, I'll walk you through some of the common reasons you might need to amend your living trust in Californi...
Posted by Mark Ruiz | Nov 25, 2024 |
As part of my estate planning practice, I often meet families who are struggling to manage a loved one's estate after their passing. One of the most common challenges arises when family members cannot locate the trust or will. Today, I want to share some practical steps to address this situation....
Posted by Mark Ruiz | Nov 18, 2024 |
Blended families are increasingly common, and while they bring unique dynamics and joy, they can also present complex estate planning challenges. In California, where property laws and inheritance rights vary depending on family structure, careful planning is essential to avoid unintended dispute...
Posted by Mark Ruiz | Nov 11, 2024 |
If you've recently lost a loved one and found yourself in a position where probate seems daunting, there's good news. California law allows certain estates to bypass probate altogether, thanks to the small estate affidavit procedure. As a probate attorney, I can attest that this tool can be a lif...
Posted by Mark Ruiz | Nov 04, 2024 |
When people come to my office to create a Will or Living Trust, they often ask how life insurance fits into their estate planning strategy and whether life insurance proceeds might be taxable to their Beneficiaries. This is a great question, especially for California residents who want to provide...
Posted by Mark Ruiz | Oct 28, 2024 |
As a California estate planning attorney, one of the most important discussions I have with clients involves planning for the possibility of future incapacity. It's not the easiest topic to talk about, but it's an essential part of ensuring your affairs are handled according to your wishes if you...
Posted by Mark Ruiz | Oct 22, 2024 |
Losing a loved one is never easy, and dealing with their estate can feel overwhelming, especially when it comes to something like transferring a vehicle. The process of transferring a vehicle's title after someone passes away in California depends on several factors, including whether the vehicle...
Posted by Mark Ruiz | Oct 14, 2024 |
As an estate planning attorney, many of my clients come to me to establish living trusts, particularly those with significant assets in California. Living trusts offer several benefits, including avoiding probate and providing a clear, efficient way to manage and distribute your estate. However, ...
Posted by Mark Ruiz | Oct 07, 2024 |
One of the most common discussions I have with my clients involves how to ensure their assets pass smoothly to their loved ones after death. A common goal is to avoid the often lengthy and expensive process of probate. While many clients come in thinking a Living Trust is their only option, there...
Posted by Mark Ruiz | Oct 02, 2024 |
In estate planning, ensuring assets are properly titled to avoid probate is critical. One of the tools that can help achieve this goal is the "Heggstad Petition," a procedure that has become indispensable in California. I am fortunate to have had the opportunity to work with the attorney who inve...
Posted by Mark Ruiz | Sep 24, 2024 |
Over the years, I've had numerous clients express concerns about the implications of property tax reassessment when transferring property ownership after a loved one's passing. Many people in California find themselves in a situation where they want to ensure their heirs can inherit property with...
Posted by Mark Ruiz | Sep 16, 2024 |
Creating your estate plan is a big deal—it's a way to make sure your wishes are honored and your loved ones are taken care of after you're gone. But here's the thing: making that plan isn't a one-and-done deal. Just like you wouldn't let your car go without an oil change for years, you shouldn't ...
Posted by Mark Ruiz | Aug 31, 2024 |
When it comes to estate planning, avoiding probate is a key goal for many Californians. Probate can be a lengthy, public, and expensive process that delays the transfer of assets to your loved ones. While creating a trust is one of the most common ways to avoid probate, there's another, simpler t...
Posted by Mark Ruiz | Mar 18, 2024 |
Every so often, clients or potential clients inquire about the possibility of Medi-Cal seeking reimbursement from their estates after they pass away. Many of them have heard horror stories about Medi-Cal seeking reimbursement from the estates of people they were acquainted with. Although there ...
Posted by Mark Ruiz | Feb 26, 2024 |
As a California Estate Planning Attorney, I almost never create a Living Trust without creating a companion document known as a pour over will. Many clients ask me something like..."why do I still need a will if I am hiring you to create a living trust?" The purpose of this blog post is to answ...
Posted by Mark Ruiz | Feb 20, 2024 |
In the realm of estate planning, Californians are increasingly recognizing the importance of securing their financial and healthcare decisions for the future. One crucial component that plays a significant role in this process is the Durable Power of Attorney (DPOA). In this blog post, we will ex...
Posted by Mark Ruiz | Feb 14, 2024 |
In the intricate world of estate planning, the roles of both executors and trustees are pivotal. An Executor is a person who a testator appoints in their Will to manage and oversee the distribution of the estate after the testator passes away, usually through a process known as probate which invo...
Posted by Mark Ruiz | Feb 07, 2024 |
Occasionally, in the context of Estate Administration, I have come across situations where children or spouses of the testator were not provided for in a testamentary document such as a Will or a Trust. It so happens that California law recognizes the rights of individuals who may have been unint...