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

Blog

Posts tagged Your Home
Why Seniors and Their Families Should Be Wary of Reverse Mortgages - Part 2

In the first part of this series, we discussed the dangers of reverse mortgages for senior homeowners. Here, we’ll look at how these complex loans can negatively impact your family and estate plan.

For decades, reverse mortgages have been touted as an easy way for seniors to access extra money during retirement. Indeed, there was a time not too long ago when it was nearly impossible to watch TV without seeing at least one commercial extolling the benefits of these unique mortgages.

Yet, reverse mortgages turned out to be a financial disaster for many senior homeowners and their families. Tens of thousands of retirees lost their homes to foreclosure after defaulting on what was promised to be a “risk-free” way to convert the equity in their homes into cash.

Moreover, reverse mortgages were aggressively marketed mainly to low-income homeowners, who possessed minimal financial assets outside of the equity in their homes—the very people most likely to default. And though the federal government has recently enacted new laws to better protect seniors, reverse mortgages are still being hyped as a safe way for retirees to obtain much-needed cash.

Read More
Three Reasons Why Transferring Ownership of your Home to your Children is a Bad Idea

Whether it’s to qualify for Medicaid, avoid probate, or reduce your tax burden, transferring ownership of your home to your adult child during your lifetime may seem like a smart move. But in nearly all cases, it’s actually a huge mistake, which can lead to dire consequences for everyone involved. 

With this in mind, before you sign over the title to your family’s beloved homestead, consider the following potential risks. 

Read More
Why Putting Your Family Home in a Trust is a Smart Move — Part 2

It’s a fundamentally important fact: proper estate planning is as much a part of responsible homeownership as having homeowners insurance. In part one, we explained how revocable living trusts and irrevocable trusts work, and we discussed the process of transferring the legal title of your home into a trust to ensure it’s properly funded. Here in part two, we will outline the key advantages of using a trust to pass your home to your loved ones compared to other estate planning strategies.

While both wills and trusts are the most commonly used estate planning vehicles to pass on wealth and other assets to your loved ones, putting your home in a trust has a number of distinct benefits compared to using a will.

Read More
Why Putting Your Family Home in a Trust is a Smart Move — Part 1

If you are like many homeowners, your home is likely your family’s most valuable and treasured asset. In light of this, you want to plan wisely to ensure your home will pass to your heirs in the most efficient and safe manner possible when you die or in the event you become incapacitated by illness or injury.

Indeed, proper estate planning is as much a part of responsible homeownership as having homeowners insurance or keeping your home’s roof well maintained. When it comes to including your home in your estate plan, you have a variety of different planning vehicles to choose from, but for a variety of different reasons, putting your home in a trust is often the smartest choice.

Although you should consult with our Personal Family Lawyer® to identify the best estate planning strategies for your particular circumstances, in this two-part series we’ll discuss how trusts work (both revocable and irrevocable), and then outline the most common advantages of using a trust to pass your home to your loved ones compared to other planning strategies.

Read More