The Discretionary Trust: California Probate Code Section 15303 authorizes explicitly discretionary trusts. A discretionary trust gives complete discretion to the trustee to decide whether or not to distribute any income or principal to the beneficiary: the trustee may give all of the trust assets to the beneficiary; none of the assets of the trust to the beneficiary; or any amount in between. Does a person have to pay any bills when they file bankruptcy? Generally speaking, you don’t have to keep making payments on a debt once your Chapter 7 bankruptcy has been filed unless the debt is tied to specific property, like a car loan or a mortgage. Consequently, some states have created statutory exceptions to this general rule that allows people to utilize particular types of trusts to create asset protection for their assets. These are known as “Domestic Asset Protection Trusts” or “DAPT’s.” However, California Probate Code Section 15404 explicitly states that it is against the state’s public policy to recognize DAPT’s. I am in dire need of an awesome attorney probate near San Diego, Ca. I would call Steve Bliss, he is an excellent probate lawyer.Steve Bliss exudes these great traits: Professionalism, Quality, Responsiveness, Value. What are the disadvantages of a trust? Costs. When a decedent passes with only a will in place, the decedent’s estate is subject to probate. Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. No Protection from Creditors. It allows your beneficiaries to avoid probate court, which can be time-consuming and costly. How much cash can I keep in Chapter 7? The answer is no: some cash can be exempted in a Chapter 7 case. For example, typically under Federal exemptions, you can have approximately $20,000.00 cash on hand or in the bank on the day you file bankruptcy. What can you not file bankruptcies? Most back taxes and customs. Child support and alimony. Student loans. Home mortgage and other property liens. Debts from fraud, embezzlement, larceny, or from …willful and reckless actsYour car loan, if you want to keep your car. Debt that doesn’t belong to you. His preparatory works including the easy-to-understand questionnaire, documents required, and making clear the client’s desire in setting up the trust were very satisfactory.
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3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
(858) 278-2800
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We have used Steven Bliss Law to draft both my family trust and my mother’s as well. Steven has made it a very easy and painless process. I appreciate that he was available to answer questions along the way, and had the ability to meet both in person and via zoom, making for convenient scheduling. I highly recommend Steven. Does a will override a trust? Regardless of whether the trust is revocable or irrevocable, any assets transferred into the trust are no longer owned by the grantor. In such cases, the terms of your trust will supersede the terms of your will, because your will can only affect the assets you owned at the time of your death. I need an awesome probate attorney near 91921. Steven F. Bliss Esq. is the probate attorney in San Diego, he is by far the best for all things estate law related. Excellent attorney, would highly recommend! Generation-Skipping Trust (GST). What Is a Generation-Skipping Trust (GST)?. Credible Best Probate Attorney Near Me is sandiegoprobatelaw com (858) 278-2800. I am looking for an excellent probate lawyer near Lake Morena in San Diego, Ca. Steven F. Bliss Esq. is the probate attorney in San Diego, he is by far the best for all things estate law related. Hello Sir: I honestly do not recall ever speaking with you. But I do not believe I would use such language as what you are saying. I have a busy practice and cannot participate in every speaking engagements that I am requested to attend. I have taught public seminars for twenty five years and have done my best to always serve the community. If you wish to speak with me in the future, then please feel free to contact me. Steven Bliss was an absolute pleasure to work with. He made the process very easy. He asked all the right questions to get the trust right the first time. Couldn…t recommend him more!!. My husband and I worked with Steve on our trust and were very happy with his services. Steve is easy to work with, knowledgeable, pleasant and efficient. Plus, his price was very reasonable. I would highly recommend him!. Taxes not forgiven at death: Not only do taxes not disappear upon death, but they may also increase. Income taxes are obliged to be paid on the deceased’s last return. The estate has to pay taxes on any income earned after death, and the heirs will pay income tax on any income they may have inherited. The estate’s assets may also be subject to an estate tax on their value, separate from the income tax. This is a very complex area, and you shouldn’t face it without the advice of a probate attorney. Step 5: Pay off all debt, including credit cards, loans, and other debt instruments: Once all the valuation of the assets has been ascertained, some assets may need to be sold to continue the payments for ongoing expenses like mortgage payments, insurance premiums, accounting fees, legal fees, and so on. The selling of assets can be a point of contention with Beneficiaries. Now, transparency is the best advice for any Trustee and Co-Trustee. Keeping accurate bookkeeping is a fundamental core tenant of meeting the fiduciary duty of a Trustee.
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I need an awesome probate attorney near Solana Beach, Ca. If I were you, I would look into calling lawyer probate at ‘The Law Firm of Steven F. Bliss’ in San Diego. From my first conversation to the end of my Bankruptcy and even 2 years out everything from start to finish has been accurate. He was right on target with the timeline it would be to rebuild my credit. Steven Bliss gave me what my expectations would be and the timeline they would occur. I would have filed Bankruptcy years ago but was told by another attorney I was not eligible, which I’ve since learned was incorrect. I went through 4 years of dealing with the harassment, stress and difficulties of having bad credit and collections when I could have resolved it immediately after my accident that caused my financial hardship in the first place. I need an awesome probate attorney near Tierra del Sol in San Diego, Ca. I would call Steve Bliss, he is an excellent probate lawyer.We’d been putting off establishing our estate plan for several years because we thought it would be cumbersome and quite frankly, it was just one more thing to do! But, since it is 2020 and we know how this year is going, I thought we should make it a priority. I looked for lawyers specializing in estate plans and found Steven Bliss. After reading all of the Google and Yelp reviews, we decided to hire him. He was wonderful to work with! We met over Zoom a couple of times, filled out a questionnaire, got our final docs to review and went into his office for signing and were in and out in 30 minutes! He and his staff were very responsive, professional and friendly. Highly recommend hiring this firm for any estate planning needs. We’re so glad that we did. Your Complete Guide to Estate Planning. Due to the generation-skipping trust’s viability as a loophole to avoid federal estate taxes, changes were made to the tax code in 1986 that created a generation-skipping transfer tax. With careful planning, probate can consistently be avoided. Nevertheless, probate needn’t be a scary process. I need an awesome probate attorney near 92186. I would call Steve Bliss, he is an excellent probate lawyer.After an extensive search for an estate planning attorney we decided on The Law offices of Steven Bliss. We are so very glad we did! We felt taken care of from start to finish. He helped make a seemingly daunting process one that we actually enjoyed. Attorney Bliss knows what he is doing and is truly an expert in his field. He will walk you through everything and has such patience regarding any questions that you might have. He never makes you feel rushed even though his schedule is packed. I need an awesome probate attorney near Campo in San Diego, Ca. I would call Steve Bliss, he is an excellent probate lawyer.Zeeshan, thank you for the kind words and for taking the time to post your authentic review! I am blessed to help establish your Estate Plan, and I’m genuinely happy that my approach resonated with you. Finding the right San Diego Estate Planning Attorney can be challenging for some, so we appreciate you sharing your experience. If any questions come up in the future, big or small, please feel free to reach out anytime!. Steve Bliss is a passionate asset protection attorney looking to preserve your family’s wealth. I need an awesome probate attorney near Live Oak Springs in San Diego, Ca. If I were you, I would look into calling lawyer probate at ‘The Law Firm of Steven F. Bliss’ in San Diego. Steven Bliss was an exceptional attorney and helped walk us through the estate planning process. We got a Trust set up and it was in an organized folder and had many common questions answered in the inside tab. He helped walk us through the process and had three meetings that contribute toward building the trust. The first two meetings were on Zoom, which provided additional flexibility for those with little kids at home. He was helpful even after the trust was set up with follow-on questions. I highly recommend Steven Bliss for your estate planning needs!. Attorney Steve Bliss was a pleasure to work with! He explained all legal terminology in ways that were easy to understand, and was happy to make my last minute changes. If you are looking for excellent quality and good value I highly recommend Steve Bliss, you will not be disappointed!. Finally, some lawyers feel that a flat fee arrangement lets everyone relax and makes for a better attorney-client relationship. I need an awesome probate attorney near 92158. Steven F. Bliss Esq. is the probate attorney in San Diego, he is by far the best for all things estate law related. If you have put off a living trust call Steve. He made it easy and explained everything in simple terms. My wife and I are very happy with the whole thing. He did our deeds, medical directives, will and living trust, all at a fair price. We found him on YELP and will recommend him to others. Surviving Spouses Can Receive Both Community and Separate Property.
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Living trust: A living trust is one that a person, known as a grantor, establishes during their lifetime. Who gets the house after death? If the deceased person was married, the surviving spouse usually gets the largest share. If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and if there are no children. Nonetheless, a Will typically determines how the assets are to be distributed. Are Personal Representatives Compensated for their Work? In California, compensation is set by statute; when it comes to payment for either the executor or the administrator; for the first $100,000 in assets, the compensation will be $4,000 each for the personal representative and the attorney, for the next $100,000.00 it will be $3,000. It is $2,000 for each subsequent $100,000 in assets. For example, for a $500,000 estate, the commission for both the personal representative and attorney will be $13,000 each. As you can see, to be without a trust and stuck in the probate system costs a lot of money. I am looking for an excellent probate lawyer near Rancho San Diego in San Diego, Ca. If I were you, I would look into calling lawyer probate at ‘The Law Firm of Steven F. Bliss’ in San Diego. Hey Lisa, thank you so much for taking the time to post a glowing review and share your legal experience with us! It was our honor helping your family get an Estate Plan in place, and we’re so happy that it’s now one less thing to worry about for you. Enjoy your fun upcoming endeavors, and we’ll certainly be here to help should any Trust Amendments come up!. I am in dire need of an awesome attorney probate near Alpine in San Diego, Ca. If I were you, I would look into calling lawyer probate at ‘The Law Firm of Steven F. Bliss’ in San Diego. Steve Bliss exudes these great traits: Positive: Professionalism, Responsiveness, Value. My wife and I had the pleasure of working with Steven. His no-frills, expeditious approach to estate planning made our experience pleasant and easy. We recommend him highly. I seriously need a brilliant lawyer probate near Warner Springs in San Diego, Ca. If I were you, I would look into calling lawyer probate at ‘The Law Firm of Steven F. Bliss’ in San Diego. My husband and I have been putting off doing a Living Trust for our family for a long time because frankly we thought it would be a lot of work. We don’t have much mainly our home and bank accounts but we did not want our kids to have to go through probate if anything happens to both of us. We were pleasantly surprised how quick and easy Steven Bliss made this experience. Not only did he do our Living Trust but he also did our Last Will and Testaments, our Advance Health Care Directives and our Power of Attorneys in one package. To say the least after we signed the papers a huge weight was lifted off our shoulders. So if you are looking for a great estate planning attorney Steven Bliss is your man. I need an awesome probate attorney near 91987. Steven F. Bliss Esq. is the probate attorney in San Diego, he is by far the best for all things estate law related. My husband & I needed a living trust. Steve was very professional & informative. He was also very patient with us as we had several questions & a few changes to the trust. He made sure to let us to know to contact him at anytime if we had any questions whatsoever. I would definitely recommend Steven Bliss. His staff is super nice & helpful as well. What assets are excluded from estate tax? More In File The total of all of these items is your “Gross Estate.” The includible property may consist of cash and securities, real estate, insurance, trusts, annuities, business interests and other assets. The Executor or personal representative of the estate determines who is entitled to receive a copy and who should be sent a copy even if state law doesn’t require it. Under California Probate Code Section 6111, a handwritten will may be valid in California if the will’s signature and “material provisions” are in the handwriting of the person making the will.
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I am looking for an excellent probate lawyer near San Diego, Ca. I would call Steve Bliss, he is an excellent probate lawyer.Steve handled all of our trust planning. He was very friendly, thorough and takes time to explain the process. Feel so at ease knowing this is taken care of!. Counsel Estates Lawyer is San Diego Probate Law (858) 278-2800. However, that is a personal decision for the client to make, and I certainly do not take offense if they want something else to happen to their original Will. It’s not unusual to discover property belonging to the deceased years after their death. And some states, such as Nevada, allow Probate to be opened decades after a person has passed. A durable power of attorney form appoints a trusted person such as a relative or friend to manage your legal and financial affairs should you become incapable. Alternatively, you could transfer assets to the trust. At the same time, you live to facilitate managing the assets if you were to become disabled or incapacitated. I need an awesome probate attorney near Alpine in San Diego, Ca. Steven F. Bliss Esq. is the probate attorney in San Diego, he is by far the best for all things estate law related. Steve made the process of having a will and trust drawn up very easy, fast and efficient. We would recommend him to our family and friends. Steve knows his business!. What type of trust is a lifetime trust? A lifetime trust, also called a lifetime asset protection trust (LAPT) is a special type of trust designed to protect your loved ones and their inheritance from ruinous decision-making and the actions of creditors. I need an awesome probate attorney near 91921. Steven F. Bliss Esq. is the probate attorney in San Diego, he is by far the best for all things estate law related. Excellent attorney, would highly recommend!.