How to Create a Special Needs Trust for Your Loved One in Palm Springs

When you care for a child or loved one with a disability, their future is always on your mind. You may wonder how to ensure they’ll have the support, independence, and quality of life they deserve, especially when you’re no longer there to provide it. A special needs trust offers a way to protect their financial future while preserving eligibility for essential government benefits.

At Heritage Legal, PC, we’ve worked with many families in Palm Springs who are trying to plan wisely and compassionately. If you’re ready to put something in place that brings peace of mind, we’re here to help you get started.
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The Rise of Digital Businesses and Their Estate Planning Challenges

Digital businesses are booming. From content creators to e-commerce sellers to crypto investors, more people are building successful ventures online. Some work from home, others travel full time, but what they all share is a need to protect what they’ve built.

When we talk about estate planning, many people think of homes, bank accounts, and retirement plans. Digital assets often get overlooked.
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When a small business owner begins planning how to pass their business and wealth to their loved ones, one consideration they must address is estate taxes. Without careful legal and financial planning, a successful small business owner may see their family wealth reduced by estate taxes. 

Understanding Estate Taxes

Estate taxes are taxes levied upon an estate following an individual’s death. The government calculates estate taxes based on the value of an individual’s estate at the time of their death. The personal representative of the decedent’s estate must file an estate tax return and pay any taxes owed by the estate.
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California families come in many forms, and blended families are becoming more common as people remarry and have stepchildren. One unintended consequence of being in a blended family is that it can complicate the estate planning process. It’s crucial to update your beneficiary designations whenever your family situation changes, or else you risk leaving assets to family members who you don’t want to have them. Here are some reasons this is so important in situations involving blended families.

Assets and Accounts with Beneficiary Designations

Updating your beneficiary designations starts with knowing what documents or components of your estate plan you must refresh.
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Providing for a child or loved one with special needs can be challenging. If you leave them a large inheritance, it could make them ineligible for government benefits. A Special Needs Trust can solve the problem.
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You’ve worked hard to accrue assets and build a legacy to leave to your loved ones after your passing. The last thing you want is for your estate to become the subject of legal disputes or undue tax burdens. Fortunately, with the help of an estate planning professional, you can strategically map a future for themselves and their loved ones that protects wealth and reduces the risk of litigation. 

Why Estate Litigation Happens  

There are several reasons why disputes about an estate may occur. The most common include:  

• Family Conflicts – Disagreements among heirs, particularly in blended families, can escalate into lawsuits.
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Probate is the legal process for distributing a deceased person’s assets and settling their debts. A court oversees this process to ensure assets go to the right heirs or beneficiaries. Probate can take years and often involves considerable court fees and legal costs.

Simplified probate provides a faster and less expensive option for small estates. California allows certain estates to skip formal probate if the total value of the estate falls below a set amount.
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What Is a Letter of Intent, and Why Is It Important in Special Needs Planning?

Providing for a child or loved one with special needs can be challenging. If you leave them a large inheritance, it could make them ineligible for government benefits. A Special Needs Trust can solve the problem.

How to Ensure a Fair Distribution of Assets in a Blended Family

Estate planning is essential for all families. However, when you have a blended family, estate planning is vital to provide a fair distribution of assets. Blended families may include step-parents, step-siblings, half-siblings, former spouses, and other relatives. Creating a fair estate plan that respects your wishes while satisfying everyone’s desire to inherit assets can be difficult. In this blog,

All property you own when you die becomes part of your estate plan unless it is held by a trust, has a beneficiary, or is otherwise exempt from the estate. If real estate is titled in your name, it is part of your estate. Therefore, you need to ensure you make provisions for passing the real estate to your heirs. In this blog, Read more . . .

When you die, all property titled in your name or that you have an interest in becomes part of your probate estate. TheRead more . . .