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The California Spousal Property Petition: A shortcut to FULL BLOWN Probate.
PROBATE is long, costly, and sometimes, contentious. Further, and in certain circumstances, it cannot be avoided. But this article isn't about the horrors of probate, but instead, about the silver-lining that lives within the realm of probate, that most people are unaware of. The Spousal Property Petition: The spousal property petition is a legal process in California that allows surviving spouses or domestic partners to affirm or assume full ownership of certain property wit


SCHOOL OF HARD KNOCKS: Estate Planning
"5-THINGS YOU DON'T WANT TO HEAR ABOUT ESTATE PLANNING" READER WARNING: IF YOU ARE EASILY OFFENDED, OPEN-MINDED BUT ONLY WHEN IT ALIGNS WITH YOUR OPINION, AN IDEOLOGUE BUT NOT A GOOD ONE, OR THINK BAMBI'S MOM (SPOILER ALERT) SHOULDN'T HAVE BEEN KILLED IN DISNEY'S CULT CLASSIC MOVIE ABOUT LOSS AND NEW BEGINNINGS, THEN YOU SHOULD STOP READING RIGHT NOW!......................................................... FOR EVERYONE ELSE, ENJOY! Foreword: As the title suggests, this BLOG


STEPPED-UP-BASIS: Save thousands on Capital Gains.
Before we jump into the confusing and sometimes convoluted world of taxes, gains, and trusts; let's start with something easy, you know, like introducing ourselves. I'll start! My name is Ruben J. Martinez, and as many of you know I am RJM Lawyer. Practice wise, I do a lot of things, but mostly, I do estate planning. It's kind of my thing. Everything from the trendy living trust, to the refined family trust, to the special needs, medicaid protection, pets, and life insu


"HELP THEM, HELP YOU!": Special Needs Trust.
"If Government Benefits Matter, then you need a Special Needs Trust!" As parents-- The perpetual question we ask ourselves is, "when we die, will my children be okay?".... "will they be taken care of?"... and "if I die today, will I have planned for tomorrow?" Some of us mull over this more than others, but regardless, we all think about it. After all, it's kind of our job, right? Special Needs Trust Defined: A special needs trust is a type of trust designed for a person w


"Anyone but MOM!" The truth about Personal Guardianship.
Foreword: Listen! In no way am I saying MOMz is the anti-Christ. I mean, she's not even religious...kidding,...LOVE you MOM, but seriously, you might want to SKIP this blog. xoxo ALRIGHT, now that we have that out the way, let's dive into today's BLOG. PERSONAL GUARDIANSHIP: How it Works and WHY you should have one if you have MINOR children So WHAT is a Personal Guardian anyway? A personal guardian is essentially an angel from heaven that for reasons unknown cares for


*An LLC is ONLY half the PIE* How an LLC and Trust work together.
"You've done the work--now reap all, not just half, of the reward." A Limited Liability Company (LLC) is like the Cinderella of the corporate world. Unlike its bratty, sometimes stubborn, step-sister, the Corporation, it has humble beginnings and comes with user friendliness that makes it a popular option for all types of business owners. "Then what's the Problem?" An LLC's primary appeal is its limited liability. Within a world of ambulance chasers, slip and falls, and f


~PLAN NOW; DIE LATER~Living Trust vs. No Trust.
People, particularly young people, think about death about as much as they think about IRAs, 401k, life insurance,...well, you get the idea. Truth is, unless you're on your death bed, mortality is just one of those things, we as people don't spend a lot of time thinking about. For death- out of sight, out of mind, seems to be what we're comfortable with. LIVING TRUST vs. HAVING NO TRUST When you die, so do your assets. Or at least some of them. Without getting into legal
Why Attorney Letterheads Matter!
The power of perception plays a vital role in our society, both personally and professionally. Just think, in the first few seconds of...
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