Thursday, November 23, 2017

The Necessity of Capacity for POA’s and other Documents

August 12, 2009 by  
Filed under Estate Planning

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

July 28, 2009 by  
Filed under Estate Planning, Featured Content

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

June 16, 2009 by  
Filed under Estate Planning

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 […]

I’ve Been Named as Trustee in a Living Trust, Now What?

May 28, 2009 by  
Filed under Estate Planning

As trustee, you will have fiduciary duties to carry out the terms of the trust.  A fiduciary is a person who is responsible for taking care of something that belongs to someone else.  Under the law, fiduciaries owe legally-enforceable duties to the people on whose behalf they handle property.  In this case, you will owe […]

Advantages of Having a Living Trust

May 13, 2009 by  
Filed under Estate Planning, Featured Content

This article gives an overview of how a living trust works and the major advantages of forming a revocable living trust to hold and manage your property.

California Estate Planning After Divorce

May 3, 2009 by  
Filed under Estate Planning

Estate planning after divorce is an often overlooked priority. If you have a will, trust, power of attorney, health care directive in place, now is a good time to update them.  Obviously, these documents probably named your ex-spouse as a beneficiary of your estate as well as agent to act on your behalf.  Generally, dissolution or annulment […]

Would You Invest $2500, $5000 or $10,000 for a return of $657,250?

March 20, 2009 by  
Filed under Estate Planning

A solid estate plan can be a valuable investment in preserving your assets from probate fees and estate taxes. This example includes the use of a life insurance trust to keep the pay out on death from creating a taxable estate.

Employee Files- Another Reason to Put Everything in Writing…

March 18, 2009 by  
Filed under Business Law

My friend (we’ll call her Nancy) called me the other day because she recently fired an employee (we’ll call her April) for excessive absences and the employee was filing for unemployment benefits from the State. Unemployment benefits aren’t actually paid out by an employer.  The benefits are paid out by the State from unemployment insurance […]

The Importance of Estate Planning Post Divorce

March 17, 2009 by  
Filed under Estate Planning

Today, I have a guest blogger  who reminds us of another very important loose end to tie up after your divorce… GUEST BLOGGER: Gabriel Cheong, Esq. So now that you’ve survived the entire process of divorce and you’re ready to begin the next chapter of your life – where do you begin?  Let me suggest […]

Legalzoom vs. Attorney Services

March 6, 2009 by  
Filed under Business Law

I have encountered this question often, “what’s the difference between hiring an attorney and using legalzoom.com to prepare your documents?”  The short answer is individualized advice.  What is it worth to have individualized advice when you are setting up your new business or preparing your will?  The question reminds me of that tax commercial where […]

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