2020 was a difficult year and the pandemic taught us how unprepared we were for the unexpected. Estate Planning is now more important than ever. Make it your New Year’s resolution to be prepared for the future, which includes setting up your estate plan or updating your existing estate plan.
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.
Even though same-sex marriage is legal in California, not every couple, whether same-sex or opposite-sex, will choose to get married.
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 [...]
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 [...]
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.
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.
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 [...]
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.
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 [...]