Law Office of Sally Cooperrider

ELEMENTS OF AN ESTATE PLAN

If you would like to establish an estate plan, the common elements are:

1) A revocable (living) trust – The trust becomes the owner of your property, rather than you as an individual. You have full power over it during your lifetime, and at your death, your Successor Trustee controls the trust. The Trustee distributes your property according to your wishes stated in the trust, without going through the probate court. There is also a d...

Having estate planning documents notarized is more difficult when you can't go to your lawyer's office personally, but it can be done. Notaries have been designated as an essential business (at least while notarizing essential documents), so some notary offices are still open, such as at UPS stores.  Also, California law doesn't allow California notaries to do remote online notarization (RON), but many states now allow it. Some of those allow it only for residents of their states, but ot...

Many people think about their mortality and whether they have their affairs in order during a time like the current pandemic.  It is also more difficult to meet with an attorney to discuss their estate planning at this time.  Many attorneys (including me) are still operating, but are meeting with clients by phone, Zoom, or other videoconferencing.  Once the documents are drafted, having them notarized or witnessed is another challenge.  At this time notaries at UPS stores ...

Myth – Everyone needs a will

Truth – If you die without a will and you have money or property that doesn’t have beneficiaries and is not in trust, then the property will pass to your next of kin (called intestate succession). In California the priority order for next of kin is:

First your spouse or domestic partner(all of community property and part of separate property), if none then children, if none then grandchildren and other descendants; if no spouse or ...

Myth – If I have a will, my estate won’t have to go through probate.

Truth – A will specifies who will receive your property when you die, and who would be in charge of distributing it (executor). In a will you can also specify guardians of minor children and cremation or burial instructions. It doesn’t affect whether your estate needs to be probated.

Probate is necessary if you have money or property when you die that:

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LEGAL MYTH OF THE WEEK (or so). Week Three: What happens if I die without a will

Myth – If I die without a will my property will revert to the state.

 Truth – The only time that property ends up with the state after a person dies without a will (dies intestate) is if no relatives can be found. The State of California, as well as other states, has a default order of inheritance, called intestate succession, for people that die without a will. The fir...

Myth – If I buy a car but change my mind, I can take it back the next day.

Truth – Most contracts in California are final once they’ve been signed by both parties, particularly if you’ve received something of value (like a car).

There are particular contracts in California that have a cancellation period, such as Credit Repair Services, Dating Services, Funeral contracts, Door to door sales contracts, Internet sales when the order hasn’t been filled ...

Myth – If I get married, all my money and property will turn into community property.

Truth - Whatever interest in property you bring into a marriage remains your separate property, unless your transfer title to your spouse (or anyone else), or if separate funds are so commingled with community funds that the separate funds can’t be traced. (Like my twisty ficus tree below.)

New investments during the marriage that are added to separate prope...

Myth – If I get married, all my money and property will turn into community property.

Truth - Whatever interest in property you bring into a marriage remains your separate property, unless your transfer title to your spouse (or anyone else), or if separate funds are so commingled with community funds that the separate funds can’t be traced. (Like my twisty ficus tree below.)

New investments during the marriage that are added to separate proper...