Homeowners Association A homeowners association is put into place by the community developer before the initial sale of the homes. The Covenants, Conditions, and Restrictions (CC&Rs), also called the Declaration, is recorded in public records and sets forth the detailed rules of what might be called membership or property ownership within the community. There is…
What is a Homeowners Association Law? Homeowners Association Law is relative to the enforcement and creation of organizations and their rules that manage community associations related to maintaining the association’s value and appearance. Most homeowners associations and condominiums consist of a typical association of members selected and voted for on the Board of Directors. Membership…
What is Probate? Probate Explained: Here is the best description we find of what probate is according to Wikipedia, “Probate is the judicial process whereby a will is ‘proved’ in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is…
What Skills Will You Need? The Executor to Settle an Estate – The best trustees and executors are patient, kind, careful, considerate, unquestionably honest, organized, and a desire to do a good job. Executors must get along with people, especially the other beneficiaries, and need a reasonable amount of time to spare. You should expect…
Elder Law Planning Who Might This Help? An elder law attorney might qualify people for Medi-Cal long-term nursing home care in these types of situations: An 85-year-old mother diagnosed with dementia and is in the hospital currently owns a home worth $600,000 and has $8,000 in savings. Immediately meeting with an attorney could protect most…
PROP 19 CHANGES Prop 19 Changes Certain Property Tax Rules – California voters gave the state’s 1978 law to limit property taxes a makeover on November 3, 2020, passing a measure that gives exemptions to the disabled, older homeowners, and wildfire victims. However, it takes away property tax breaks from people who inherit homes but…
GRAT A grantor retained annuity trust (GRAT) is an efficient way for a donor to transfer asset appreciation to beneficiaries without using or using a minimal amount, of the donor’s gift tax exemption. After the donor transfers property to the GRAT and until the expiration of the initial term, the trustee of the GRAT (often…
ILIT An existing insurance policy can be transferred into an irrevocable life insurance trust (ILIT), or the trustee of the ILIT can purchase an insurance policy in the name of the trust. The donor can make gifts to the ILIT that qualify for the annual gift tax exclusion, and the trustee will use those gifts…
USING SPOUSAL LIFETIME ACCESS TRUSTS (SLAT) TO PROTECT YOUR ESTATE TAX EXEMPTION With the threat of a lowered estate and gift tax exemption amount, a spousal lifetime access trust (SLAT) allows donors to lock in the current, historic high exemption amounts to avoid adverse estate tax consequences at death. The donor transfers an amount up…
Installment Sale Installment Sale to an Irrevocable Trust – This strategy is similar to the intrafamily sale. However, the income-producing assets are sold to an existing irrevocable trust instead of directly to a family member. In addition to selling the assets, the donor also seeds the irrevocable trust with assets worth at least 10 percent…