CA Estate Planning Blog

Thursday, April 28, 2016

Do I Need a New Estate Plan if I Just Moved to California?


The laws of each state vary in the formalities and requirements needed to create a valid estate planning document. This is not to say that all out-of-state documents are necessarily void upon moving to California, however there are several important principles to consider when determining if changes are necessary.

First, it is important to understand the originating state’s laws with regarding to signatures and witnesses. Under Section 6110 of the California Probate Code, a will must be signed by the testator and two witnesses. The witnesses must sign at the same time as the testator, and must actually witness his or her placement of a signature on the document.


Read more . . .


Tuesday, April 26, 2016

Toxic Succession: Inheritance When Property Is Contaminated


What happens when part or all of one's estate property is contaminated land?

While there are U.S. laws in place to protect those who buy or sell contaminated property, there is little legal protection for heirs of such property. For this reason, estate planning attorneys rarely discuss this subject with their clients. Unfortunately, this may result in property that is contaminated (unbeknownst to those who own it) being passed to unsuspecting heirs.
Read more . . .


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