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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.
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By Tyler P Krueger, Attorney  When a trust grantor passes away, their revocable inter vivos trust becomes an irrevocable trust. When the trust becomes irrevocable, the designated trustee becomes responsible for administering the trust. A trustee that accepts this responsibility has an obligation to administer the trust for the sole benefit of the named beneficiaries in the irrevocable trust document[1]. Unfortunately, some trustees disregard this responsibility and take advantage of their power and resources to benefit themselves. What safeguards can a beneficiary use to protect themselves and their inheritance?
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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