Avoiding Probate

There are several ways to avoid probate in California, and it would be wise to consult an estate planner to discuss which method of transfer to beneficiaries would suit your particular circumstance. Taking a property in joint tenancy keeps a property out of probate.  A living trust would keep all...

Per Capita vs. Per Stirpes

Often in wills or trusts, an individual will designate the shares given to individuals as “per capita” or “per stirpes.”  What is the difference?  Per capita means “per individual.”  This means that if someone says, “I give to my children equal shares, per capita, my estate,” all individuals living at...

What is the difference between a will and a living trust?

A will, also called a testament, is a legally enforceable document directing how a deceased person's property is to be distributed. A trust is created by a living person but administered by another party while the person who created the trust is still alive. A living trust allows property to...