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Please note: The material in these articles, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the posts. The articles should not be considered, nor are they intended to constitute, legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.

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Chauvel News:  Estate Planning

Transferring your home to a child? Don’t forget about the proper forms.

In the current real estate market, it is difficult if not impossible for young individuals to purchase a home on their own. Often times, parents will step in to help by selling or gifting one of their homes to their child. This is a great tool that allows parents to provide their child with a home and also allows the child to own a home without competing in the real estate market. But, there are significant tax consequences that should be considered before completing a sale or gift.

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Conservator’s Power to Create an Estate Plan for the Conservatee

Typically, a conservatorship is necessary when a Conservatee did not create a proper and complete estate plan. By failing to do so, a family member must then obtain a court order so he or she can manage the Conservatee’s financial affairs and take control over the Conservatee’s health and welfare.

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Are Your Digital Assets Part Of Your Estate Plan?

Digital assets as defined in the California Probate Code are “electronic record(s) in which an individual has a right or interest.” Cal. Probate Code §871(h) These accounts include your personal data stored in your computer or other digital devices, and your email accounts, blogs, or accounts with various social media portals such as Facebook, Twitter, Instagram, and/or LinkedIn. In addition, digital assets also include your assets of monetary value such as your online banking accounts, brokerage accounts, any domain name, PayPal or Venmo, and many more.

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5 Myths about Estate Planning

A properly prepared estate plan will allow you to designate specific beneficiaries for all your assets, appoint trustees to manage your assets in case of death or incapacity, appoint guardians over your minor children, and appoint agents for your Powers of Attorney for Health Care and Property.

There are many misconceptions about estate planning that often lead to individuals delaying or avoiding the preparation of an estate plan altogether. Below are the top five misconceptions that we have encountered with clients:

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Congrats to Your Graduate...Now Make Sure They Have a Power of Attorney!

It's graduation season and an exciting time for grads and their parents.  Soon they will be off to college and embarking on new adventures and have new responsibilities.  They will pick classes, decide how late to stay up since mom or dad won't be nagging them to go to bed; they will open bank accounts and make healthcare decisions. But what if something happens to them at college and you want to talk to the school? The bank? A doctor? What if god forbid they get hurt and can't speak for themselves?  While you may think, as their parent, you have a say, think again! 

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Your Estate Plan and Gifting of Valuable Personal Property

Many Bay Area people collect valuable personal property such as cars, motorcycles, musical instruments, jewelry, and/or fine art. These items need to be considered separately in the estate planning process. 

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Accounting for a Trustee or Power of Attorney

For anyone that is a trustee of a trust or power of attorney for a principal, you know that you have quite a lot of control over one’s assets. In addition, you alone are responsible in making sure the trustor or principal’s assets are properly handled, prudently managed and/or invested, and handled according to the wishes of the trustor.

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Another New Year Is Around the Corner! Don’t Put Off Your Estate Planning Any longer!

November is upon us, 2017 will soon come to an end. Often times in January, we encounter clients whose New Year resolution is to complete their estate plan. Why wait until January when you can start off the year with the peace of mind that you have this task completed?

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Having More Children Requires You to Revisit your Estate Plan

Bringing a new addition into the family is a milestone which necessitates that you revisit and revise your estate plan. If you had an estate plan prior to the birth or adoption of a child and fail to later include the child in your estate plan, the California Probate Code categorizes that child as an omitted child. Upon death, the California Probate Code gives the omitted child a share of your estate equal in value to that which the child would have received if you had died without a will or trust. This result may not be in line with your intention.

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Omitted Spouses and the Necessity of Proper Estate Plans

What are the consequences where a person executes a trust or will and subsequently marries but fails to revise the trust or will to include the spouse? Upon death, the California Probate Code gives an omitted spouse the right to claim a share in the decedent's estate. This means that if you had an estate plan prior to your marriage, you should revisit that plan to either disinherit your new spouse or revise the plan to provide for your new spouse. Otherwise, your surviving spouse will have the right to make a claim for his or her share of your estate.

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