Why You Need An Estate Plan

There are many reasons as to why you should get a head start with creating an estate plan with your attorney. Below are the top reasons why we think you should get one. When planning through the Law Offices of Lawrence H. Nemirow, you’ll be assisted in the best way possible.  

Having an Estate Plan to Protect Your Beneficiaries

  Typically, one’s goal is to protect minor children, and protect adults in their lives from negative influences, negative decisions, and negative future possible scenarios such as divorces and credit problems. When it comes to minor children, in all states, there are laws that necessitate a guardian to watch over their needs as well as their finances until they turn the legal age of 18. Depending on the state, the legal age may be 21. Now if the beneficiary is legally an adult and has shown no responsibility when it comes to managing money, or has a significant other that will consume the beneficiaries money, then a separate estate plan can be made to protect them, as well as others.  

Avoiding Probate 

  Many start looking for an estate planning attorney to avoid probate. Probate is a long process of creating and authenticating one’s last will and testament. There are many stories told by friends, family, and acquaintances where the probate process has left them feeling uneasy.    

Avoiding Trouble

  Usually, people start realizing they need to start making plans with an estate planning attorney when they see someone they are close to going through an experience that was seen as wasteful in terms of time and money all due to one’s failure to create an estate plan.  

Protecting Assets From Creditors

  More than just wanting to avoid stress, many have chosen to seek advice from an estate planning attorney to protect their assets from unseen creditors. It’s important to have a plan for protection right away, because once a lawsuit is around the corner, unfortunately at that point, it’s already too late. In order to be prepared, a client and their attorney should come up with a couple estate plans that will financially benefit the client during their lifetime, and their beneficiaries after the client’s death.  

Minimize Estate Taxes

  What drives people to get estate plans put in place are due to the loss of an estate because of payment of state/federal or inheritance taxes. There are basic steps married couples can do to minimize or even get rid of estate taxes. In order to do so, specific trusts would need to be created as part of their revocable living trusts. Essentially with advanced techniques from an attorney, it is possible to have the estate or inheritance tax completely go away.
Nem Law - Death Deed Information, Orange County

California Transfer on Death Deed

New California Transfer On Death Deed

There are several ways an owner of real property can direct the transfer of real property when they die. Up until recently, the most common way was through a trust, will or owning the property in joint tenancy with another person or persons. Effective January 1, 2016, there is now a new way California allows real property to be transferred upon a person’s death and avoid probate.
Governor Jerry Brown signed Assembly Bill 139 which established a procedure to transfer real property upon death through a revocable transfer on death deed. This revocable transfer on death deed is a new simple and inexpensive way to transfer real property to a beneficiary in California. The deed allows a person to leave their real property to a designated person or persons such as a family member, friend, life-long partner or other loved one, without having to set up a living trust.

Criteria For Transfer on Death Deed (TOD Deed)

The new TOD (transfer on death) deed allows an owner of residential real property to name one or more beneficiaries to receive the property when the owner dies, thus bypassing the need to probate the estate. There are some specific criteria, however, that a person should be aware of when considering recording a revocable transfer on death deed.

The real property must be a single family home or condominium unit, or a multiple residence of not more than 4 residential dwelling units, or be a single family residence on no more than 40 acres of agricultural land. A revocable TOD deed must be signed and dated before a notary public to be effective and valid. The transfer on death deed must be recorded within 60 days or less from the date it is signed. The transfer on death deed can be revoked by the transferor at any time. A Transfer On Death Deed may be a great option for a person whose only asset is the home in which he or she lives. Revoking a

Transfer on Death Deed

There are three ways the transferor/owner can revoke a transfer on death deed.

The owner can record a formal notice of revocation. A new transfer on death deed may be recorded. The real property can be transferred to someone else prior to the transferor’s death. Although the transfer on death deed must be recorded within 60 days or less from the date it is it signed and before the owner’s death, it is important to understand that the interest in the real estate only transfers when the owner dies. This means that the beneficiary identified on the TOD deed does not have any rights to the real property when the owner is alive. Furthermore, creditors of a named beneficiary cannot place any liens on the property. While the owner is living, the owner has the right to sell or encumber the property. The property is also subject to involuntary liens that may be recorded by creditors of the owner which would transfer with the property to the beneficiary upon the owner’s death.

CLIENT TESTIMONIALS

  • I finally got around to making the “estate planning” phone call after many decades of procrastination. I found Lawrence via Avvo and Yelp reviews, and he was very responsive to all my questions about estate…

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ABOUT OUR FIRM

We Specialize In Estate Planning, Probate, Wills And Trusts, Insurance Law And Business And Corporate Law.

I was licensed to practice law in the State of California on June 6, 1996. I then formed The Law Offices of Lawrence H. Nemirow, PC to serve communities of Los Angeles County and Orange County with their legal needs. I am licensed to practice before all of the Superior Courts in the State of California, the U.S. District Court for the Central District of California, the U.S. District Court for the Southern District of California, and the United States Court of Appeals for Veterans Claims.

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(562) 799-1379 (562) 799-1377 lhnemirow@gmail.com