Author Archives: Jay Butchko
What Happens If An Estate Doesn’t Have Enough Money To Pay Debts And Beneficiaries?
When talking about estate planning, people usually assume that there will be an estate with enough assets to be shared among heirs and beneficiaries. But, what happens when someone dies and leaves behind more debts than assets? Imagine having to handle the loss of a loved one and the fact that they left more… Read More »
3 Crucial Estate Planning Tips For Blended Families
Family life is constantly changing, and according to Pew Research Center, blended families are more common in the United States. Blended families are generally more common in the United States because of divorce and remarriage. Approximately one out of six children in America lives in a blended family. This is a family where a… Read More »
Can Parents Unequally Divide Assets Among Their Children?
If you have assets, it is up to you to decide who inherits what after your passing. When you have children, making such a decision can be extremely difficult, especially if you are closer to one child and not close to the other(s). Also, deciding what to live for each child can be difficult… Read More »
Can A Beneficiary Also Be A Trustee In California?
A trustor/settlor/grantor may choose to set up a trust for various reasons, and the fact that a trust can be set up for many reasons is one of the things that makes this estate planning tool quite exciting. Generally speaking, a California trust can help a trustor accomplish nearly any goal they have with… Read More »
Trustees Vs. Executors
Among the many questions that individuals often ask probate attorneys is, “what is the difference between an executor and a trustee?” If you are asking yourself what the difference between the two is, you should know that you are not alone. After an individual sets up a living trust (a legal document that a… Read More »
Are Holographic Wills Legal In California?
Holographic wills are often drafted in situations where a person knows they are about to die, and they have no one around to help them type or witness the document. Some states do not recognize such wills, whereas others do. California is one of the states that recognizes holographic wills. However, it is essential… Read More »
What You Should Do If You Suspect Will Forgery?
Forging a will with the intention to defraud is a crime in California. Forgery in the state of California can be charged as either a misdemeanor or felony. However, this article is not about the criminal aspect of forgery. This article is about California probate and what you should do if you suspect a… Read More »
What Is A California Living Will And Why Do You Need One?
Some estate planning tools have names that sound and look alike, and because of this, it can be confusing for a person to decide which estate planning to go with. Two estate planning tools that have similar-sounding names and that many times cause confusion among people are “last wills (wills)” and “living wills.” Despite… Read More »
Reasons To Amend Your California Revocable Living Trust
If you already set up a revocable living trust for you and your family, congratulations! A trust-based estate plan comes with several advantages to both estate owners and the people who stand to inherit. However, a living trust is only practical if it is up-to-date with your needs/wishes and the needs of your loved… Read More »
Debunking Common Estate Planning Myths
Unfortunately, many Californians do not understand estate planning. As estate planning attorneys, we come across people who think they are too young to engage in estate planning. We also come across other individuals who believe that estate planning is only for the “uberwealthy.” These are myths that need demystification. Firstly, it is never too… Read More »