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Who Needs a Pour Over Will and What Does it Do

Posted by Maria N. Jonsson | Aug 24, 2023 | 0 Comments

A pour-over will is a type of will which provides that any assets or property owned by the testator at their death that was not titled in the testator's living Trust, will transfer (or pour over) into the trust, and will pass as per the terms of the trust. A pour-over will works in conjunction with a living trust and names the trust as the sole beneficiary of the will.

Understanding Beneficiary Designations for Your California Estate Plan

Posted by Maria N. Jonsson | Aug 23, 2023 | 0 Comments

Your estate plan in California can include several documents, many of which may require beneficiaries, like any trusts you may have set up and non-probate assets like 401(k), IRA accounts, life insurance policies, and pensions. Assets from these accounts will go to the beneficiaries upon your death. It is important, therefore, to make sure you choose your beneficiaries carefully. 

Hiring a Probate Attorney - what to look for

Posted by Maria N. Jonsson | Jun 19, 2023 | 0 Comments

Even in the most “simple” circumstances, a California Probate takes a bit over a year from start to finish. For that reason, finding the right probate attorney can make a world of difference with how efficiently the case can be handled. Here are some things to look for when hiring a Probate attorney.

Difference Between a Will and a Pour-Over Will

Posted by Maria N. Jonsson | Jun 13, 2023 | 0 Comments

A pour-over will is a type of will stating that any assets or property owned by the Settlor of a living trust that were omitted from the Trust at their death will transfer (or, pour over) into the trust after death. In this way, the pour-over will serves as a safety net for any assets not formally transferred into a living trust during the Trust Settlor's life.

Trust Administration - the Basics

Posted by Maria N. Jonsson | May 22, 2023 | 0 Comments

Knowing the basics of trust administration is important when you are named as a Trustee or a beneficiary of a Trust, and the trust creator's assets are titled in their trust, or if there are assets left outside of the trust. Not knowing or understanding your Trustee duties, or Beneficiary entitlements can lead to many challenges and liabilities, and can lead to the intended beneficiaries not getting their share in the trust for months, or, sometimes, years, after the death of the trust creator.

Cryptocurrency is not Currency – How do we Estate-Plan for it and avoid “Finders-Keepers”?

Posted by Maria N. Jonsson | Dec 07, 2022 | 0 Comments

Cryptocurrency, unlike its name suggests, is a Digital Asset – as such, the law treats it as Property, and not Currency. Crypto and NFTs are known as “bearer assets” – just like with “bearer bonds” – whoever has possession of the “asset” is the beneficial owner of it, which makes it challenging to be sure that an intended beneficiary will actually get the asset. How to avoid "Finders Keepers" when we estate-plan for Crypto and NFTs?

Do All Trusts Protect Property from Creditors?

Posted by Maria N. Jonsson | Jul 25, 2022 | 0 Comments

While certain types of trusts can protect assets from creditors, they don't all have this feature. This is why it's important to consider your estate planning options beyond a revocable living trust if you wish to safeguard assets for your loved ones. Revocable vs. Irrevocable Trusts There are ma...

7 Important Duties of a Trustee in California

Posted by Maria N. Jonsson | Jun 21, 2022 | 0 Comments

If you are creating a living trust, the person you select as your trustee matters a great deal. Trustees in California are tasked with many responsibilities and legal duties pertaining to the management and distribution of trust property. The decisions made by your trustee can affect you during y...

What Trustees Need to Know About the County Assessor

Posted by Maria N. Jonsson | Jun 20, 2022 | 1 Comment

When working with Trustees who sell trust real property, we often witness pressure by the trust beneficiaries on the Trustees to distribute all of the net sales proceeds as soon as escrow closes. It is often forgotten that, about six months after the sale, the Trustees will receive a bill from th...

How to Fund Your Living Trust After it is Created

Posted by Maria N. Jonsson | Feb 06, 2020 | 0 Comments

You've created your living Trust – now what? Establishing your Trust is only the first step in ensuring that your property will go to your desired beneficiaries outside of Probate court. The next step is the most critical one - “funding” your trust - whereby you change title to your property into...

How to prepare for a Will or Trust Contest

Posted by Maria N. Jonsson | Mar 19, 2019 | 0 Comments

Legally everyone is entitled to leave their estate to anyone they want. This means that they can exclude (or “omit”) anyone they want from receiving any distributions under a Will or a Trust. Often there is already an expectation that such individuals will feel wronged and will contest the will o...

"I only need a simple trust"

Posted by Maria N. Jonsson | Sep 18, 2018 | 0 Comments

“I only need a simple Trust” is a request I hear often. However, this “self-diagnosis” may not always be the right one. A “simple” probate avoidance trust may or may not be the best fit for each family dynamic. There are two main factors which dictate the complexity of the trust terms: (1) the ty...

Will and Trust Provisions for your Pets

Posted by Maria N. Jonsson | Jul 02, 2018 | 0 Comments

Pet Hospice is becoming a preferred choice of saying “goodbye” to a beloved companion animal. It is more humane for the animal because it focuses on the relief of the end-of-life suffering, and the pet's comfort. It is infinitely more humane for the pet-owner, for whom this is such a painful and ...

Testamentary Capacity: POLICE LINE - DO NOT CROSS

Posted by Maria N. Jonsson | Aug 22, 2017 | 0 Comments

The old adage, “He who waits for something good never waits too long,” does not apply in Estate Planning. The topic of testamentary capacity is a very sensitive one, and a fine line to cross. Many times an elder adult can be in good physical shape and carry on a very reasonable conversation, unti...

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At the Law Offices of Maria N. Jonsson, PC, we focus on Estate Planning, Probate and Trust Administration only. We deliver hands-on, detailed and compassionate professional guidance with every aspect of your case.

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Attorney Maria N. Jonsson, Esq. is a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization. The Law Offices of Maria N. Jonsson, PC is committed to providing a comprehensive and holistic analysis of your specific circumstances as they relate to Estate Planning, Probate and Trust Administration issues in California. Schedule a one-on-one discussion of your case with Attorney Jonsson directly.