January 2019

Like Bob Jr. from our earlier post, most people are shocked to learn that probate offers the family no privacy whatsoever. Literally, anyone can go to any court in America, walk up to the probate filing window, and say, “I’d like to see such and such file number.” The clerk will turn over a file that will include the probate petition and lots of other documents containing the names and...

In December 2018, CalAble Savings Plans opened to the public. Individuals who became disabled below the age of twenty-six are now able to invest in a tax-free account, without losing their SSI or MediCal. What is a CalAble account? A CalAble account is a savings and investment account. They can be opened by a disabled or blind individual, or on behalf of the disabled or blind individual, as...

We continue our discussion of probate court today on the topic of probate court and minor children. The costs of probate will go up considerably if the succession involves orphaned minor children. But in that case, of course, more than money is at stake. When children are under eighteen, and no parent survives, the state or other “interested person” will seek a guardianship for the child’s...

Without a complete estate plan, even surviving spouses often have to go through long or short versions of probate to get full control of their family’s assets. In the meantime, terrible hardships can ensue. Wait! If your spouse dies—don’t you automatically get control of his or her assets, even if no will was signed? The answer is maybe yes, and maybe no. In most states, “title controls.” This...

When your kids were little, you wouldn’t let them run in the street. When they were teens, you wouldn’t let them stay out until dawn. When they became adults, you wouldn’t let them send money to Nigerian princes soliciting them by e-mail. And when you die, believe me, you should not let them go to probate court, not if there’s anything you can do to prevent it. But unless you do the right kind...