Estate Planning, Family Law, Trust Administration, and Probate in Santa Barbara County

Blog

Posts tagged Estate Tax
How Do Trusts Help You Save on Taxes?

Many people come to us curious (or confused) about trusts and taxes. So today’s article is going to sort it out and clarify things for you.

There are two major types of trusts, and each has different tax consequences.

INCOME TAXES

Revocable trusts, which are the far more commonly used trusts, have no immediate tax consequences whatsoever. A revocable trust has your social security number as its tax identifier, and is not a separate entity from you for tax purposes. It is a separate entity from you for purposes of probate, meaning if you become incapacitated or die your Trustee can take over without a court order, keeping your family out of court. But, until your death, it’s treated as invisible from a tax perspective. At the time of your death, if your revocable trust provides for the creation of irrevocable trusts, then the tax implications will shift.

Read More
What Your Last Will & Testament Will (and Will Not) Do - Part 2

Yesterday, in part one, we looked at the different things having a will in place allows you to do. Here, in part two, we detail all of the things that your will does not do, along with identifying the specific estate planning tools and strategies that you should have in place to make up for the potential blind spots that exist in an estate plan that consists of only a will.

If you have yet to create your will, or you haven’t reviewed your existing will recently, contact our Personal Family Lawyer® to get this vital first step in your estate planning handled right away.

Read More
Estate Planning Checkup: 10 Questions to Determine If Your Estate Plan Is Up-To-Date

One of the underlying fundamental practices of any decent estate planning law firm is to educate clients on the vital importance of not only preparing an estate plan, but also keeping clients’ plans up-to-date. While you almost surely understand the importance of creating an estate plan, you may not know that keeping your plan current is every bit as important as creating a plan to begin with.

In fact, outside of not creating any estate plan at all, outdated estate plans are one of the most common estate planning mistakes we encounter. We’ll get called by the loved ones of someone who has become incapacitated or died with a plan that no longer works because it was not properly updated. Unfortunately, once something happens, it’s too late to adjust your plan, and the loved ones you leave behind will be stuck with the mess you’ve left, or they could end up in a costly and traumatic court process that can drag out for months or even years.

Estate planning is an ongoing process, not a one-and-done type of deal. To ensure your plan works properly, it should continuously evolve along with your life circumstances and other changing conditions. Regardless of who you are, your life will inevitably change: families change, assets change, laws change, and goals change.

Read More
Trusts & Taxes: What You Need to Know

People often come to us curious — or confused — about the role trusts play in saving on taxes. Given how frequently this issue comes up, here we’re going to explain the tax implications associated with different types of trusts in order to clarify this issue. Of course, if you need further clarification about trusts, taxes, or any other issue related to estate planning, meet with our Personal Family Lawyer® for additional guidance.

TWO TYPES OF TRUSTS

There are two primary types of trusts — revocable living trusts and irrevocable trusts — and each one comes with different tax consequences.

Read More