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Estate Planning

Monday, September 9, 2019

Gifting Your New Spouse With An Estate Plan


From bank accounts to taxes, to purchasing a home, as couples embark on the journey of marriage, there are many aspects of each individual’s life that become joined. However, one aspect that most newlyweds don’t think about is the creation of an estate plan.

Regardless of each individual’s age, sex, sexual orientation, gender-identity or socioeconomic status, it is never too early to establish an estate plan.
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Monday, August 19, 2019

What to Know About Estate Planning for High-Risk Professionals


Lawsuits are a real part of all businesses. No matter which industry you’re in, you may always be exposed. But although everyone runs the risk of facing a lawsuit, there are certain professionals who are at a much higher risk. These individuals include physicians, business owners, financial advisors, and lawyers. The nature of their work is inherently more open to liability.
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Monday, August 12, 2019

Estate Planning for Same-Sex Couples


You can create an estate plan for you and your significant other – regardless of whether or not you are legally married. This applies not only to heterosexual couples but for gay couples as well.  The good news is that estate planning for same-sex couples doesn’t have to be overwhelming or difficult to understand. Since the law continues to evolve, it is important to consult with a


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Monday, July 8, 2019

Beware of Invalid Wills


Today, many individuals seeking estate planning services look to the internet, where they often find form documents such as wills readily available. Nonetheless, using a blanket form and not seeking legal advice can be a costly mistake: a will that is poorly conceived or that does not adhere to California law may be invalidated by the probate court. The best way to properly prepare a will, protect your assets, and provide for your loved ones is to consult an experienced estate planning attorney.
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Friday, April 12, 2019

What's in a Name?

I’m occasionally asked to file a petition for legal name change for a client, and I’m always interested in why people want to take on a new moniker. Both famous people and ordinary folks change their names, and they usually have some very good reasons to do it. Let’s take a look at some of them.
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Saturday, December 16, 2017

Holiday Gifts That Keep Giving


We wrap holiday gifts in gleaming foil – contributions to our loved ones to celebrate the season. What did you choose for your partner or spouse? That slick little metal sculpture you found at the street fair? A gorgeous pinkie ring you discovered together in that West Hollywood back-alley jeweler’s? A cruise to the Bahamas to get out of Palm Springs’ or LA’s cruel winters? 

Let me suggest some more permanent and life changing gifts. These may not be as pretty as flashy, gift-wrapped boxes with fancy bows on top, but they will be with you and your loved ones in a much more dramatic way. You can share a gift with someone and both of you will be thrilled. 

Do you have a committed partner? Consider the gift of marriage! Huh, you say? What? Get out of here!  But think about it.


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Thursday, November 10, 2016

2016 Election Analysis for LGBT Issues


Many of my LGBT clients have reached out to me in a panic wondering how the election of Donald Trump will impact their families, benefits, marriages, and other legal issues.  My advice….breathe, try to relax and let’s take a look at what the election MAY mean in the future.

In my opinion, the biggest issue is the future of the Supreme Court.    There is one vacancy that will now be filled by President-elect Trump.
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Monday, September 21, 2015

Food for Thought - Legal Punch


Food for Thought – Legal Punch

Every now and then, I need to stop and remind everyone about the perils of forgetting to create a Will or a Trust. Sometimes I meet people who say “Who cares about a Will? I’ll be gone! It won’t hurt me!”. I also know lots of people who nod their heads and say “Oh yes, I know I need a Will and I’m really, really going to do it…soon”. Folks who pass away or become seriously ill without estate plans are practically guaranteeing that lawyers will earn hefty fees to clean up the mess. Put some legal punch into your life, and prevent troubles and woes.
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Monday, September 14, 2015

The Art of Collecting Art - Under the Law


The Art of Collecting Art – Under the Law

Most of us will never own a million dollar art or antique collection, but we always wonder if our own little treasures – 141 different vintage nutcrackers, a sketch by that street artist in Quebec, 17 stuffed pigs in all shapes and sizes, cocktail napkins from every major bar in Chicago - might someday be worth a tidy sum. Here are some interesting facts about art collections of all kinds:

Building your Collection - Art, antiques and collectibles are available from a wide range of sources. Established dealers and auction houses such as Bonham’s and Butterfields’, Sotheby’s and Christie’s have long handled direct sales, auctions and transfers of art. Now it is possible to buy or sell art online at all kinds of sites from amazon.com to ebay.
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Monday, August 31, 2015

Travel Forecast - Crossing the Line into a No-Comfort Zone


Travel Forecast - Crossing the Line into a No-Comfort Zone

Crossing state lines and international borders is something millions of us do every day. As long as we pack what we need, have our maps, GPS, and our tickets or gas in the car, we are pretty much ready for anything when we hit the road. But for the LGBT community, travel requires careful planning and an extra layer of protection. Both the journey and the destination determine our level of comfort on the trip. Using same-sex marriage equality and other non-discrimination laws as a guide, here are some of the things you should consider when you decide to travel for business or pleasure, or move to a new location:

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Monday, August 17, 2015

Can You Predict the Future? A Good Life Plan Needs Good Estate Planning

Can You Predict the Future? A Good Life Plan Needs Good Estate Planning

Most of us like to bring some order and predictability to our lives by planning ahead. We think about where we are now, and where we would like to be. We figure out how to get there, and how to avoid as many pitfalls along the way as we can. Moving through life, we accumulate things - our possessions, our estate – which are integrated into our lives. As an estate planning attorney, it is my job to help everyone plan for the care of their possessions as they move through life now, and after they die.

Here are a few of the issues that should make you think and do something about estate planning:

Do you have a live-in partner and you aren’t married or registered?

The 2013 U.S. Census Bureau Survey listed around 107,000 California same-sex couples living together. Of these, about 37% were spouses, and the rest were not. In California, community property rules mean that possessions (assets), and what happens to them, are clearly defined for spouses, but not for others. Although you and your partner may have a long-term relationship, your possessions can become a serious issue if you drift apart, become ill, or die. A plan for the care and keeping of your assets is essential to avoid the pitfalls that can upset your lives. If you have a car, bank account, savings or retirement funds, or a home, you have assets to plan for. What will happen to them if something happens to you or your partner?

Do you have children?

Many in the LGBT community have children from a previous or current relationship. If they are minors (under age 18 in California), they are usually under the legal control of one or both parents. But what happens if a parent becomes incapacitated or dies? That is where planning is essential to the child’s welfare. Care of children can’t be transferred to just anyone. A legal guardian will be required, and if there are no other plans in place, the state will appoint one and maintain jurisdiction until the children reach adulthood. It is always possible that the guardian will not be one that the parent would choose. Planning ahead can make the process predictable and greatly reduce the stress on the children.

Do you own a home?

If you own or are buying a house, it is an asset that is part of your estate. What will happen to that house if you become incapacitated or die? It all depends on how the property is titled on the deed. If you own it alone, you can create a Will that gives the house to a partner, a spouse, or another person if you die. The Will must be probated in court, and it may take a year or more to actually transfer the property to the beneficiary. As a better option, you can create a Trust, and transfer the property into the name of the Trust. Your Trust names who will manage the property if you become incapacitated, and who will inherit the property when you die. The Trust does not need to be probated in court.

What if you own the house jointly with a partner, and you aren’t married? There are several serious problems with this strategy. What happens if one of you becomes incapacitated and you need to sell the house? A joint tenant has no right to act alone on any house issues. What happens if one of you has a tax problem, or is in an accident, and a lien is placed on the house? What is the tax bite if your partner dies and you now own the whole house? There are much better ways of holding title to property, and a little planning will avoid lots of pitfalls.

Are you covered for illness or incapacity?

I am not a medical professional, so my concern with these issues is not about your health care plan, but with the plan for care of your possessions when something happens to you. And I say “when” very seriously. As our population ages, a majority of us will, at some point, require assisted living, long-term care or hospice. What happens to your estate when you can no longer manage it? Who will pay your bills, keep up your house or sell it, make sure your finances are in order? If you have a Will, it won’t help at all. A Will is effective only when you die. If you are a single person, or partners who are unmarried or registered, you need to plan very carefully for your own protection.

A Durable Power of Attorney will provide for a personal agent of your choosing to handle financial matters for you. An Advance Health Care Directive will give your instructions to your agent for handling medical and end-of-life issues with the medical professionals who care for you. A Trust will provide the instructions for handling all of your affairs when you are incapacitated, and after you die.

I have never been able to predict the future, so good estate planning is the very best I can do to help you keep your life plans on track.






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