Author Archives: Jay Butchko
Late Simpson’s Creator Had Problem With His Pet Trust – Don’t Make The Same Mistakes
In your estate planning documents, we often plan for everybody we can think of, from friends to family to charities. But what about our pets? What will happen to your pet after you pass? Yes, you can leave your pet to whomever you want in your estate documents (or if you have no estate… Read More »
Planning For Your Digital Assets In Your Estate Plan
When we think of assets and the property that we want to plan for or to pass on to our beneficiaries, we often think of physical assets or property. But there are also those assets that are in our computers, in our accounts, or in the cloud—that is, our digital assets. When making an… Read More »
An Occupancy Trust Can Help Multiple People In Your Estate Plan
When it comes to real property, like homes, there really are two separate rights. One right is the right to actually live in the property, and make it your home. That’s just possession, much like a tenant would rent property from a landlord. Then there is actual ownership, which gives someone the right to… Read More »
What Does Undue Influence Look Like?
Although it is true that the purpose of good estate planning is to avoid probate court, and to avoid challenges to your estate, things can happen that can lead to a challenge, even with the best laid plans. Challenges to your estate plan in probate court can be very stressful, and a scenario that… Read More »
How Good Estate Planning Can Deter Challenges To Your Will Or Estate
We often discuss the many benefits of good estate planning. One benefit that is often overlooked, is how good estate planning can avoid probate, and thus, any challenges to your estate plan that could potentially be filed in the probate court. Challenges to Estates A challenge to an estate once it is probated, generally… Read More »
What Happens When Family Law Agreements And Estate Planning Documents Conflict?
The interplay between divorce paperwork—specifically, marital settlement agreements or prenuptial agreements—and estate planning documents is a complex one that many people may overlook when drafting an estate plan or when getting divorced. This is especially true for people whose estate plan is drafted years after the completion of their divorce. People may give little… Read More »
Don’t Make These Mistakes In Your Powers Of Attorney
A financial power of attorney is an important document in your estate planning arsenal. This is a power of attorney (POA) that allows whomever you designate, to have full control over your financial affairs, in the event you aren’t able to do so for yourself. What Your POA Does A POA can be a… Read More »
Why You May Want To Avoid California’s 120-Hour Rule
When we think of leaving property to others, we just assume that they will predecease us. But what if they don’t? Or, what if they live longer than we do—but only slightly longer? This kind of situation can create problems that can potentially be avoided by good, solid estate planning. The 120 Hour Rule… Read More »
How Can You Avoid The Probate Process Completely?
One big benefit of good estate planning is avoiding the time, cost, and intrusion on privacy that often comes from the probate process. But when is probate actually required? Transfers of Property As a general rule, any property that can and must pass on its own through operation of law, or which has already… Read More »
Timeshares, Your Estate Plan, And The Probate Courts
Timeshares can be an easy and somewhat affordable way to take vacations, especially if you particularly enjoy a specific location and going there over and over again. But what happens to a timeshare that you own, when you pass away? Who Wants Your Timeshare? Like any other property, the timeshare, or your interest in… Read More »