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By John C. Clark, Attorney at Law  California law provides a procedure for avoiding the probate of an estate if the total value of the estate falls below a certain threshold and satisfies other conditions. If the estate qualifies as a “small estate,” the executor of the will or next of kin (in an intestate estate) may collect assets without the need to file a petition in probate court to accomplish the same, thus saving significant time and expense.
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By Christen E. Bourne, Attorney at Law  During the holiday season many of us are frantically searching for the perfect holiday gifts for our loved ones. But we must not forget to add yet another thing to our holiday to-do list—considering any legal implications which may result in your loved ones receiving less than what you intended to give. 'Tis the season to pause and reflect on the Federal gift and estate tax.
By Sean P. Dougherty, Associate Attorney  A Behind-the-Curtains Look at the Enormous Price of a Probate in CaliforniaWe bet you’ve heard that lawyers are expensive, right? For that reason, many people think they can’t afford an estate plan. But consider this – can your children afford for you not to have an estate plan?
By John C. Clark, Attorney at Law  Change is InevitableYou set up your revocable living trust because of its flexibility to function as a living document. As we grow older, circumstances change that necessitate corresponding changes in our estate planning. This article briefly and generally explains how to change, or revoke, your living trust.
By Tyler P Krueger, Associate Attorney  If You Fail to Transfer Property to Your Trust Before Your DeathA revocable trust—also called a “living trust”—is a legal tool that is frequently used as part of an estate plan. There are many benefits to using a trust, including the ability to transfer your property where you want after your death. The great thing about a revocable trust is that you can modify it any time during your lifetime. To ensure that your loved ones are spared any legal hassles, it’s important to do things right.
By Sean P. Dougherty, Associate Attorney  What happens when you leave your grandchildren a gift in your trust?It’s very common for grandparents to want to leave a little something for their grandchildren. After all, it’s a grandparent’s job to spoil their grandchildren, right? If you’re a grandparent, you may choose to leave each of your grandchildren a special gift of cash—or even a home for them to live in someday—in your trust.
By Christen E. Bourne, Attorney at Law  What does divorce have to do with estate planning? Quite a lot, as it turns out.It is estimated that between 42% and 45% of marriages in the United States will end in divorce.[1] In California, the divorce rate is even higher—approximately 10% above the national average.[2] Not only is divorce emotionally wrenching, it is also fraught with legal complexities—with nuances you may not even be aware of. If divorce is on the horizon for you, it is important to understand the impact of divorce on estate plans. This is something many people have probably never thought about.
 The advance healthcare directive: power of attorney for healthcare and living willIt can happen to anyone. An unexpected medical or psychological crisis, like an accident, illness, or other event strikes and renders you incapable of making or communicating your own healthcare decisions. Are you and your loved ones prepared? The best thing you can do is plan ahead by preparing an Advance Healthcare Directive (AHCD).
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The Law Firm of Foster Krueger, APCFormerly Rusconi Foster & Thomas APC, we're located in Morgan Hill, California serving Santa Clara, San Benito, Santa Cruz, and Monterey Counties since 1956. Archives
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