Power of attorney come in different shapes and sizes, each with its own purpose and level of authority. Standard powers of attorney terminate when the person executing it has become mentally incapacitated. A durable power of attorney, on the other hand, remains in effect even after incapacity. The most common types of durable power of attorney are those that deal with finances and medical care. In California, an “agent,” also referred to as “attorney-in-fact,” is the person chosen to step … [Read more...] about Who can serve as an agent under a power of attorney in California?
General
What is the generation skipping tax?
You may have heard of the term “generation skipping tax,” but did not understand its meaning. A generation skipping transfer tax is a tax assessed on property passed from one generation to a generation that is two or more levels below the generation of the person transferring the property. What does this actually mean in plain English? If you transfer your property to your grandchild, instead of your son or daughter, the transfer would be subject to the generation skipping tax. Also included … [Read more...] about What is the generation skipping tax?
What is a Power of Attorney?
A power of attorney is a legal document that bestows on someone the authority to act on behalf of someone else. The person who creates the power of attorney is called the “principal.” The person who is given that authority to act is known as the “agent” or the “attorney in fact.” The most common types of power of attorney are those for handling someone’s financial affairs or their medical care and treatment. A power of attorney is an invaluable estate planning tool. Each power of attorney … [Read more...] about What is a Power of Attorney?
How Large of an Estate Can Pass Tax Free?
The dividing line that separates which estates are subject to estate tax and which estates are not is the federal estate and gift tax exclusions – sometimes referred to as the “unified credit.” They entitle you to a total lifetime exclusion of $5.34 million, as of 2014. This means that $5.25 million of your estate will be exempt from inheritance taxes when you die. A great benefit of the unified credit is that it is “portable,” which means that if you do not use the total amount, the … [Read more...] about How Large of an Estate Can Pass Tax Free?
Can I Create a Joint Tenancy With My Child in Los Angeles?
Some people, in an effort to avoid probate, choose to add their children to the title of their property, such as real estate or vehicles. This can work in some situations, but depending on the circumstances, it may cause more problems than its worth. Understanding the different types of property ownership, as well as the consequences, will allow you to make a better decision about which type of ownership will accomplish your goals in estate planning. Types of Ownership in Real Estate The term … [Read more...] about Can I Create a Joint Tenancy With My Child in Los Angeles?
What is a Supplemental Needs Trust?
Individuals with disabilities require substantial resources to care for not only their medical needs, but their personal needs as well. If you care for someone who is disabled, you are probably familiar with need-based government assistance programs, such as Medi-Cal and Supplemental Security Income (SSI). Eligibility for these two programs is based on income. A Supplemental Needs Trust is an estate planning tool that can be used for the benefit of the disabled, while protecting their … [Read more...] about What is a Supplemental Needs Trust?
Power of Attorney in Los Angeles: How is a Limited POA Different from a General POA?
A Power of Attorney, or POA,6 is a very common estate planning tool which can be customized to fit your specific needs. Part of that customization is the ability to execute either a general power of attorney or a specific power of attorney, depending on your intended purpose. Since every person and every family will have distinct needs that should be addressed in estate planning, understanding the benefits of different types of powers of attorney will help to ensure that you create your own … [Read more...] about Power of Attorney in Los Angeles: How is a Limited POA Different from a General POA?
Do I have to pay taxes if someone gives me money?
So, someone just gave you a gift, and you are wondering whether you will be required to pay any taxes on it. It depends on the situation. Is it an inheritance, as opposed to a gift from someone who is still living? What is the value of the gift? Inheritance taxes may apply Whenever you receive money, personal property or real estate from someone’s estate when they die, you will be required to pay an inheritance tax. The executor of the estate will divide the assets from the estate and … [Read more...] about Do I have to pay taxes if someone gives me money?
Is Probate Always Required?
Probate is the process by which property passes to your heirs after your death. It is not always required, however. In fact, it is not difficult to avoid the probate process altogether. There are several estate planning tools that can be used to ensure that your property passes to your heirs without having to go through the probate process. Some common tools used for this purpose include joint ownership of property or assets, revocable living trusts, gifts and pay-on-death accounts. You … [Read more...] about Is Probate Always Required?
Does My Mother Need a Guardian?
Making the decision that a parent needs a guardian can be very difficult. Typically, this question arises when a parent has begun to show signs of mental impairment. For instance, your mother may be forgetting to take her medication more frequently. Or she may forget she has food cooking on the stove. If she has begun to get lost or disoriented when she is away from home, or has become a danger to herself or others, it is probably time to consider a guardianship. What do I do? The preferred … [Read more...] about Does My Mother Need a Guardian?
