Palm Springs Law Blog

Almost everyone can benefit from an estate plan. But for small business owners, an estate plan could help your business avoid litigation or even liquidation upon your death.

Small business owners face different tax issues, including estate tax, that many salaried employees never worry about. Depending on the ownership structure of your business, your estate could own a piece of your company's assets and get taxed accordingly.

Why Estate Planning for Small Business Owners Is Different

Small business owners have different concerns than employees.
Read more . . .

Charitable trusts can help you support a tax-exempt charity and earn a tax deduction at the same time. These trusts do not necessarily make up part of your estate plan, but they can include provisions that activate at your death.

Charitable trusts are governed by complicated IRS rules. To make sure a charitable trust distributes your assets as you intended and earns the tax deductions you expected, you should consult a trusts lawyer and a tax expert before creating one.

Read on to learn some facts about charitable trusts.
Read more . . .

When you have worked hard over the course of your lifetime to accumulate wealth, you may worry about what will happen to it if you choose to pass it down. You may even have questions about who you wish to pass it down to. These are not uncommon fears that many people have as a result of not having the necessary conversations. Here are some of the most common fears of “sharing the wealth,” and how you can overcome them.

You’re afraid that it will create a sense of entitlement among your children.
Read more . . .

When you are establishing your estate plan it’s important that you remember to include all of your assets. And while this may seem easy, with more and more things turned digital, it is important not to forget about your digital assets.

What Are Digital Assets?

Digital assets include any account or service online that requires you to log into it or that is protected in some other way.
Read more . . .

When you think about putting property in a trust, you may not think about placing your house in a trust. However, your personal situation and circumstances will help you to determine whether it is the best decision for you. Here are the top three reasons to consider doing so.

1. You Can Avoid Probate

One of the biggest reasons that anyone puts assets into a trust is that it helps you to avoid the probate process.
Read more . . .

Life is expensive. Money is necessary to help us in our daily lives. That’s why if you become disabled or pass away, your loved one may need to be able to access funds to continue to pay for necessities. But what can you do if all of the money is in your name or in your trust? That’s why cash availability planning is so important.

What Are Your Options?

Cash availability planning is the process of ensuring that your loved one has access to cash when you are disabled or deceased.
Read more . . .

When most people think about creating an estate plan, they are focused on the distribution of their assets when they pass away. But when you are unmarried and have no children – or even no surviving family members – you may be wondering about the importance of still having a comprehensive estate plan. It’s important to understand that estate planning is as important for single Californians as it is for those who are not single. But how should it be different?

Differences to Consider

There are many differences between single and non-single people when it comes to creating a comprehensive estate plan. One of the most prevalent things is the need for a power of attorney.
Read more . . .

For most people, debt is an unfortunate part of life. But is it also a part of death? You may be wondering what happens to your debt after you pass away and whether it will impact your family. Here’s what you should know.

When you die, all of your assets become a part of your estate and your estate becomes responsible for your debts. The amount of time that creditors have to make a claim against the estate in California is about a year.

When you’ve worked for years to build your business, it’d be difficult to imagine it ceasing once you retire or pass away. That’s why many business owners consider leaving their businesses to their families, namely their children. A successful business can provide an abundance of financial security for your loved ones. However, since proper estate planning is so important for business owners, it’s best to establish a Read more . . .

Creating a trust is a great way to find peace of mind for both you and your loved ones, ensuring that they are taken care of. However, in order for the trust that you’ve established to be able to help in the way you’ve intended, it’s really important that it’s funded.

When a trust isn’t funded it often requires probate court if you become incapacitated or pass away.
Read more . . .

Minors in California (those under 18) may not directly own assets. However, they can own them through a guardian. For example, a minor’s name can be on a bank account so long as it is also opened in the joint name of their adult guardian.

Another way in which minors can indirectly own assets is by being the beneficiary of a Trust. In fact, most people create Read more . . .