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Estate Planning Strategies to Consider this Election Year

Posted by Jim Filippi | Sep 27, 2020 | 0 Comments

Regardless of your political affiliation, the next election stands to greatly affect our lives going forward. In regard to the laws taxing your estate, this couldn’t be truer. With a promise by the Democratic party to make sweeping changes to the current tax laws, including a return of federal estate taxes to their historic norms, taxpayers need to act now before Congress passes legislation that could adversely impact their estates.

Do I Have Time for an Estate Plan?

Posted by Jim Filippi | Sep 22, 2020 | 0 Comments

Time is life’s most valuable asset. In economics, scarcity of a particular item often drives up its value. No matter how much wealth you have accumulated, when your time is up, your money cannot buy you anymore. In fact, the minute we were conceived a clock immediately began ticking on our lifespan. We are the only known animals to understand that our life will end at some point in the future. This is the exciting, and scary part of our human existence. Indeed, it can be argued that the meaning of life is finding the best way to cherish our most scarce resource.

Can an Irrevocable Trusts Be Amended or Modified?

Posted by Jim Filippi | Aug 30, 2020 | 0 Comments

When a trust is made irrevocable, either through the death of a settlor (the person who created the trust) or through expressed language in the trust agreement, the trust generally cannot be unilaterally amended or modified. However, this doesn’t mean that if the trust is no longer serving its original purpose, you are stuck with a useless trust.

What is the Difference Between a Will and a Living Trust?

Posted by Jim Filippi | Aug 16, 2020 | 0 Comments

It is likely that you have heard of both a will and a living trust, but you may not be able to discern the difference between the two. You may even think that a living trust is just for the super-rich, or even worse, that both a will and a living trust are only for those in a more “advanced” age. This article is going to dispel these myths and give you the knowledge you need to understand the differences, so you can make the right decision on what is best for you and your family.

What Every Parent Needs to Have Written

Posted by Jim Filippi | Jul 18, 2020 | 0 Comments

If you are a parent, or a soon-to-be parent, you know the love we hold for our children is unlike anything else. There is nothing I wouldn't do for my children and I'm willing to bet you feel the same as well. This article is for the parents out there wondering if they have done everything necessary to protect their children if the unthinkable would happen.

Why Avoid Probate?

Posted by Jim Filippi | Jun 21, 2020 | 0 Comments

You will often hear of talk about why you should take steps to avoid having your estate end up in probate court being divided and distributed by the approval of a judge. Those with the knowledge of how this process works will be the ones leading the charge when it comes to avoiding probate.

Medical Debt Blues?

Posted by Jim Filippi | Jun 08, 2020 | 0 Comments

Does medical debt have you feeling blue? It may not seem fair that on top of needing to see a doctor or go to the hospital, you also must deal with some awfully expensive medical bills that most of us could not even dream of paying because they are so exorbitant.

Is Your Home Underwater? Lien Strip It!

Posted by Jim Filippi | Jun 04, 2020 | 0 Comments

However, if you have found yourself in a place where your income has shifted downward, and you are struggling to make your payments, there are a few options available to you. You can contact your lender and negotiate a deferment of payments, a loan modification, a short sale, or an exchange of a deed-in-lieu of foreclosure. You can also use the bankruptcy laws to help you through this situation as well.

What is Trust Administration? And is It Something I Can Do Alone?

Posted by Jim Filippi | May 29, 2020 | 0 Comments

We have spoken extensively in this blog about the importance of establishing a trust to ensure the disposition of your estate is done in accordance to your wishes. Employing a trust as your tool for distributing your estate is by far the easiest method of managing your affairs. But what does that all look like? And is it so easy you can do it yourself? The answer to these questions is exactly what I plan to provide in this article.

Can a Trustee also be a Beneficiary in a California Trust?

Posted by Jim Filippi | Apr 20, 2020 | 0 Comments

The short answer to the topic question is yes, in California, a trustee can also be a beneficiary, but there are several serious concerns you need to be aware of to ensure your trust doesn’t become legally invalid. To truly understand how this can go wrong, we have to dive into a little property law.

What Happens When a Bad Trustee Strikes?

Posted by Jim Filippi | Apr 13, 2020 | 0 Comments

Parents typically chose a child to serve in this trustee capacity because it seems easy and believe it will cause the least amount of fighting possible. However, sometimes this plan doesn’t quite work they way it was intended, and in-fighting amongst the sibling beneficiaries ensues. So what happens when a bad trustee strikes?

You Have Options in this Downward Economic Shift

Posted by Jim Filippi | Mar 30, 2020 | 0 Comments

The current shift in the economy was sudden, unexpected, and indiscriminately harsh on a lot of families that didn't see it coming.  Whether you were prepared or not, this downward shift in the economy has caught us all by surprise, not unlike the Great Recession that began 2007.  This time ...

What to Do with Your Beloved Collection?

Posted by Jim Filippi | Mar 24, 2020 | 0 Comments

Estate planning is a great way to share the value and meaning of these much-loved items with those you leave behind. Through your estate plan, you can explain to your loved ones why you collected these items in the first place as well as the meaning or value they have for you.

Does My Estate Plan Need to Include All of My Property?

Posted by Jim Filippi | Mar 16, 2020 | 0 Comments

If you own a vacation home, timeshare, investment property, or any other asset outside of the state where you are domiciled you must make sure it’s included in your estate plan. If you fail to include these in your estate plan, or fail to have an estate plan at all, your heirs will encounter issues, and usually the expense and hassle of court costs, when inheriting these assets.

Can DUI Lead to Murder?

Posted by Jim Filippi | Mar 12, 2020 | 0 Comments

We all know that a simple first-offense DUI arrest is typically charged as a misdemeanor.  So how can DUI be murder?  Murder is defined as “the unlawful killing of a human being, or a fetus, with malice aforethought.” (Penal Code §187(a)) Nothing in that definition even mentions driving under...

Can My Estate Plan Support a Charity?

Posted by Jim Filippi | Mar 09, 2020 | 0 Comments

As we have discussed in previous articles, estate planning covers more than just financial matters and healthcare decisions. Indeed, many use their estate plan to pass along their values as well as their wealth. One way to do this is to give thanks with your estate plan by designating charitable giving or specific gifts that will help ensure your legacy. It is important, however, to balance your income and the needs of your beneficiaries with the available tax incentives that can come with one’s charitable giving.

3 Things You Must Do Once Your Divorce Is Final

Posted by Jim Filippi | Mar 05, 2020 | 0 Comments

The divorce process can be long and expensive. However, the work does not end once the divorce decree is signed. In order to ensure that your assets and estate planning wishes are carried out in light of this major life change, there are three things you must do as soon as possible. A delay can have disastrous results if something were to happen to you before you had a chance to complete these tasks.

Do I Have to Complete Field Sobriety Tests (FSTs) During a DUI Investigation?

Posted by Jim Filippi | Mar 03, 2020 | 2 Comments

Most driving under the influence (DUI) arrests begin with a car stop, especially here in Rocklin and Roseville. Often these car stops are for a simple traffic violation, like speeding or running a stop sign. However, more than likely, rather than just issue you a citation, the ultimate goal of the officer is to collect enough evidence to develop probable cause for your arrest. That quest likely started with the officer’s observations of your driving prior to the traffic stop and there is nothing you can do to un-ring that bell.

Do I Need an Attorney to Draft My Estate Plan?

Posted by Jim Filippi | Mar 01, 2020 | 0 Comments

The answer to this may surprise you. Especially coming from an attorney whose living is made drafting estate plans for families in the Rocklin and Roseville area where many families have made the decision to plan for their future. And the answer is a resounding no. You do not need an attorney to draft your will or trust documents at all.

You Don't Have to Be Innocent to Be Not Guilty

Posted by Jim Filippi | Feb 23, 2020 | 0 Comments

In our form of criminal justice, the idea of guilt is a lot more comprehensive than the black and white concept of guilt or innocence. In fact, our judicial system has replaced the term “innocent” when related to culpability, with “not guilty”. This may seem like a simple choice in nomenclature, but there is a reason for the selection of terms.

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