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Estate Planning for the LGBT Community

Who will make legal, financial and medical decisions for you if you can't? Your spouse or partner? Maybe. But if you don't have one, then who? A judge? A court appointed stranger? An unwanted family member? The Law Offices of Eric A. Rudolph P.C. provides specialized knowledge and dedicated guidance for the LGBT community that simplifies creating an estate plan to protect you and your loved ones.

Estate Planning for Domestic Partners and Unmarried Couples

Even though same-sex marriage is now legal in California, not every couple, whether same-sex or opposite-sex, will choose to get married. California law does not adequately provide the necessary protection needed for domestic partners and unmarried couples. Nor does it favor beloved friends and caretakers over direct family members when no estate planning devices are in place. Working with an experienced estate planning attorney who understands the needs of domestic partners and unmarried couples is the best way to put these necessary protection in place.Estate [...]

February 4th, 2019|Estate Planning|

Postnuptial Agreement

A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple’s affairs and assets in the event of a separation or divorce.If you are already married, and you and your spouse would like to create a written contract that establishes each person’s property rights and financial responsibilities during and after the marriage, you may want to consider having a postnuptial agreement created.And if you are not married, but are registered domestic partners or [...]

January 29th, 2019|Resources|

Transfer on Death Deed

California passed a new law, effective in January 2016, which allows the owner of real property to designate a beneficiary to receive their real property when the owner passes away. This new real property transfer device is called a transfer of death deed (“TODD”). A transfer of death deed can be a very good way for the owner of real property to transfer the property to another individual without the need of a last will or living trust. It is also an easy and inexpensive [...]

Guardianships and Conservatorships

When someone you love and care about is helpless due to a disability or illness, legal protection can be put in place to keep them safe. Guardianships and conservatorships are legal devices that specify a court-appointed caretaker to administer the affairs of someone who has become unable to protect or care for themselves.Guardians and conservators are usually defined as:Guardians are generally appointed to look after the needs of minor children whose parents have died or are unable to care for them.Conservators of the Estate are [...]

January 22nd, 2019|Estate Planning|

Estate Tax Planning

A big part of estate tax planning is reducing inheritance. There are a number of devices you can put into place to reduce or avoid the inheritance taxes. Because each person’s circumstances are unique, not every inheritance tax avoidance strategy works for every person.Examples of some estate tax planning strategies that can be effective are:Spousal Trust Planning:Keeping the surviving spouse’s income and assets protected, spousal trusts can be a valuable tool to preserve family assets for a spouse’s benefit while ensuring that the deceased spouse’s [...]

January 18th, 2019|Estate Planning|

Advanced Estate Planning

There are many types of trusts that can be part of a comprehensive estate plan. These trusts can offer significant benefits, including tax benefits, to your beneficiaries and to you. The following trusts may be of great value with your advanced estate planning and your overall estate plan:Educational Trusts:Educational trusts can be created to help beneficiaries pay for college or other schooling. However, there are now many tax-advantaged educational accounts to pay tuition and other school-related costs for young people that do not require an [...]

January 9th, 2019|Estate Planning|

Special Needs Trusts

Special needs trusts allow assets to be held in trust for the care of someone who is disabled or suffering from a physical or mental illness. When a special needs trust is properly prepared by an experienced estate planning attorney, the assets in the trust will not be counted when applying for government benefits such as Supplemental Security Income (SSI), Medicaid, and housing benefits.Special Needs Trust ServicesIf you are the parent, sibling, or loved one of a person with special needs, you may have concerns [...]

December 17th, 2018|Estate Planning|

Estate Planning for Same-Sex Couples After DOMA

On June 26, 2013, the US Supreme Court in a 5-4 decision in United States v. Windsor declared unconstitutional Section III of the Federal Defense of Marriage Act (DOMA) which defined marriage solely as a legal union between a man and a woman. This landmark decision has far-reaching implications that significantly expand estate planning and tax-planning opportunities for same-sex married couples. Under the Supreme Court’s ruling, same-sex couples who are legally married now enjoy marital recognition at both the federal and state level. This ruling [...]

December 11th, 2018|LGBTQ Estate Planning|

Charitable Trusts

If you want to make a gift to a charity, especially a substantial gift, using a charitable trust allows you to do it in a way that gives you significant tax benefits.Charitable Trust ServicesThere are several charitable trusts to choose from that offer real financial advantages. Besides offering you estate and income tax advantages, charitable trusts allow you to be generous while ensuring retirement income at the same time.The Law Offices of Eric A. Rudolph P.C. can provide you with more information on charitable trusts. [...]

December 4th, 2018|Estate Planning|
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