Tag Archives: Probate attorney orange county ca

Avoiding Probate

There are several ways to avoid probate in California, and it would be wise to consult an estate planner to discuss which method of transfer to beneficiaries would suit your particular circumstance. Taking a property in joint tenancy keeps a property out of probate.  A living trust would keep all assets in the trust outside…
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Per Capita vs. Per Stirpes

Often in wills or trusts, an individual will designate the shares given to individuals as “per capita” or “per stirpes.”  What is the difference?  Per capita means “per individual.”  This means that if someone says, “I give to my children equal shares, per capita, my estate,” all individuals living at the time will take an…
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What is the difference between a will and a living trust?

A will, also called a testament, is a legally enforceable document directing how a deceased person's property is to be distributed. A trust is created by a living person but administered by another party while the person who created the trust is still alive. A living trust allows property to be distributed much more quickly…
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What is ‘Guardianship’?

Guardianship is when a court orders someone other than the child’s parent to: -Have custody of the child; or -Manage the child's property (called "estate"); or -Both. The information in this section is about probate guardianships. These cases are brought by the person seeking to be appointed guardian or by someone else in the family asking…
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What is a conservatorship?

If you are confused as to, What is a conservatorship? In a nutshell it is a means by which a Family member can obtain an order from the Probate court that a loved one is unable to take care of him or herself and/or can not manage his or her own finances.  The Probate Court…
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