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With the Covid-19 pandemic, the past year has reminded us all that many people can pass away for unexpected reasons. If you suddenly become very ill or injured, you likely will not have the chance to sit down and carefully ponder what will happen to your property and family if you succumb to your condition. For this reason, many people have - and continue to - die without an estate plan in place. What happens when you die without an estate plan will vary depending on your circumstances, though one thing is true - California law and probate courts will determine how your estate is settled while you and your family have little to no say. There can also be complications before you pass away while you are incapacitated in the hospital.…

Do you own a winery, farm, or other lucrative property in California? Were you planning to transfer the property to your children, knowing there would not need to be a tax reassessment? If you counted on the parent-child tax exemption for property transfers in California, you might want to speed up your plans. This is because voters passed Proposition 19, and the changes in the law will go into effect on February 15, 2021. Currently, parents can transfer ownership of a principal residence to their children without the need for a reassessment of property taxes to the property’s fair current market value. If the middle generation is deceased, grandparents can transfer property directly to their grandchildren. This exemption was important for people wanting to transfer valuable legacy properties, which might include…

Many people assume that having an estate plan is not necessary unless something happens, such as a serious and incapacitating illness or injury. However, when such a major life event happens, it is usually too late to create an estate plan. This is because you must be of sound mind in order to draft estate planning documents and make these important decisions. If you are an older adult, the time to start estate planning is now, even if you think it is not needed. Being proactive about early estate planning - before something happens - is the best way to protect your interests, your estate, and your family. Consult with a Santa Ana estate planning lawyer as soon as possible about your options. Proactive Planning With the COVID-19 pandemic still raging across the United States, too…

When an adult can no longer properly care for themselves, it might be necessary for the court to appoint a conservator, which is similar to a legal guardian in other states. A conservator might be a spouse, adult child, sibling, or another person who is willing and able to make decisions for the conservatee. Once a conservator is appointed, it is important for them - and other close relatives - to understand their role. As a conservator, you want to make sure you are meeting your responsibilities and not handling affairs outside of the scope of the conservatorship. As a caring loved one who is not a conservator, you want to make sure the conservator is not taking advantage of or neglecting your loved one. The following is a brief overview…

Many people create trusts for different purposes, including avoiding probate or having greater control over the distribution of your property and assets. Trusts can also help protect assets for the purposes of federal benefits or against taxes. If you are getting married or ending a marriage, you might wonder whether a trust will help you protect your assets from your former spouse in a divorce judgment. How Trusts Work Trusts are legal arrangements in which a fiduciary holds, manages, and distributes assets for the trust creator. This fiduciary is called a trustee and can be the creator themselves or a designated successor trustee. Trusts can hold assets, real property, and more. Trust creators can create a trust document with specific instructions for how they want the trust property to be…

It is highly beneficial to have a carefully crafted will, though how do you ensure that you consider all relevant factors to ensure your will is effective and enforceable? The best way to feel confident in your last will and testament is to seek help from an experienced Santa Ana estate planning lawyer. The following are some examples of important considerations when creating a will, though you should always consult with a lawyer you can trust, as well. Your Property, Assets, and Beneficiaries Every person has a different collection of assets and property, including both real property and personal property. You should take inventory of all you own and determine: Will some property titles be passed directly to certain individuals? Will some assets in beneficiary accounts pass directly to designated beneficiaries?…

When it comes to wills and the probate process, executors play a very important role in the State of California. Specifically, executors of a will manage estate assets, take charge of all asset appraisals and inventory, make sure that all of the estate creditors are properly and timely notified, make sure that estate assets are properly distributed, take care of all accounting and record-keeping tasks, and, when the time comes, close the estate and distribute all of the decedent’s assets. If you have been appointed the executor of a loved one’s estate, the experienced Santa Ana, California probate lawyers at the Law Offices of Roshni T. Desai are ready to help. Our knowledgeable legal team can answer all of your legal questions and address all of your concerns. Please give us a call today…

Probate is the legal process that addresses how to pay the debt of a deceased individual and distribute their property and assets. In some cases, the deceased person may have had a will in place, but in other situations, they may have passed away intestate, which means they did not have a will. In any case, the probate process can be extremely lengthy, confusing, and costly. It is no wonder that many individuals will do everything possible to try and side-step the probate process entirely. Fortunately, the State of California has several legal mechanisms in place to avoid probate. The experienced Santa Ana, California probate lawyers at the Law Offices of Roshni T. Desai can explore all of your legal options with you – including any alternative to the probate process that may be…

Are you thinking about getting some estate plans in order? This is always a positive step. A comprehensive estate plan can put your mind at ease, knowing that your wishes will be carried out when the time comes. It’s important to think about what is important to you and what objectives you want to achieve with your plan. At the same time, you must avoid making simple mistakes. With this in mind, here are the five most common estate planning mistakes you need to avoid: 1. Not Having a Plan We’ve all heard the phrase, “nothing can be said to be certain, except death and taxes.” With such inevitability, we may as well plan for these important events properly, right? Most people are pretty good about planning for their taxes. But planning…

Are you considering hiring a probate attorney? Maybe you’re wondering what a probate lawyer can do to help you? If you’re in charge of another person’s estate or planning for your own future, a probate attorney can help you in many important ways. They can facilitate the process while helping you steer clear of problems and legal issues. Discover the different ways a probate attorney can help you in this handy guide. 1. Handling Claims Against the Estate When someone passes away, it is possible that one or more parties might file a claim against the estate. For example, a beneficiary may file a claim if they feel the estate isn’t being distributed properly. Another common occurrence is when family members who are left out of the will make a claim against…