Divorced? Want To Take Care Of Your Kids But Not Your Ex?

Problem:  I want to leave everything to my only child when I die, but I am divorced and want to make sure that there is no way that my ex has access to my child’s inheritance.
Solution:  Put your child’s inheritance in a trust for his benefit.  Here’s the deal, if you die and leave everything [...]

Retirement Plan Trusts

Retirement Plan Inheritance Tax Problem
If you have very large balances in your individual retirement accounts (IRA’s) and employer-sponsored retirement plans such as profit-sharing plans, 401(k) plans, 403(b) plans, 457(b) plans or defined benefit plans there could be huge tax consequences if your heirs decide to take a lump sum distribution of their inheritance.  If you [...]

Joint Tenancy to Avoid Probate in California? Don’t Do It

Today’s Preventive Law Tip: If you are considering deeding your property to your child to avoid the cost of probate in California, beware of potential consequences.
Once your child’s name is on the deed, your home becomes an attachable asset to your child’s creditors.  If he/she gets sued or files for bankruptcy, it is an asset [...]

Estate Planning Humor

*Courtesy of Utah Bar Journal

Necessary Agreements When You Start a Business With a Partner

Today’s Preventive Law Tip:  If you are going to have a partner or a couple of partners, get all your ducks in a row and put everything in writing  so you can avoid situations such as this one:
“Two years ago I started a company with a partner.  I brought in 250k in inventory and he [...]

One Major Advantage of Having a Living Trust

One often overlooked advantage of having a Living Trust is incapacity planning.  As you get older or your parents age, there is a greater risk of not being able to handle your own affairs because of physical or mental health issues.  Additionally, there is always the risk of becoming injured in an accident and not [...]

Dangers of Drafting A Contract Yourself

Today’s Preventive Law Tip:  If you are going to draft your own contract, you need to understand EVERY clause in it AND THE CONSEQUENCES.
Many small business owners use readily available form contracts to enter into all types of business deals, from sales and purchases, to financing and leasing contracts.  While these forms offer a low-cost [...]

The Necessity of Capacity for POA’s and other Documents

Since Proviso Law Group focuses on preventive law strategies, I wanted to post an example of a problem that could have been avoided just by timing the solution.  One of the most important things to have before drafting any type of document is “Capacity”.  Legally, you must have the right state of mind when executing [...]

Choosing A Trustee For Your Living Trust

One key choice when setting up a living trust as part of your estate plan is the Trustee.  Naming a Trustee for your living trust or any other trust that you establish for the benefit of another is probably the most important step in making sure that your wishes will be carried out completely. The [...]

Property Tax Reassessment on Transfers

A very important issue to consider in your estate plan is the possible increase in property taxes upon transfer of your home to your beneficiaries.  If you’ve owned your home for a long time in CA, your property taxes are probably significantly lower than they would be if the property value were reassessed as of [...]

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