Category Archives: Law

Repeal of Federal Estate Tax?

Posted on November 17, 2016 by randyspiro

Donald Trump is on record as favoring the repeal of the federal estate tax. With Republicans controlling the executive, legislative and judicial branches of the federal government, will repeal actually happen? Democrats will filibuster such legislation in the Senate, and … Continue reading →

Posted in Death tax, Estate Planning, Law, Trump, Trusts, Uncategorized, wills | Leave a comment

Misconceptions about Financial Powers of Attorney- Each of the following statements is false

Posted on March 22, 2016 by randyspiro

1. Financial powers of attorney allow your agent to act when you want him or her to act, but they prevent your agent from acting when you don’t want him or her to act. 2. If your bank or broker … Continue reading →

Posted in Estate Planning, Law, POA, special needs, Uncategorized | Leave a comment

New IRS Form 8971

Posted on March 10, 2016 by randyspiro

On the later of March 31, 2016 or 30 days after the filing of an estate tax return (form 706), for 706s filed after July 31, 2015, the filer is also required to file form 8971 with the IRS and … Continue reading →

Posted in Estate Planning, Law, Super Lawyer, taxes, Trusts, Uncategorized, wills | Leave a comment

Making Sure Your Title Insurance Policy Will Be In Force When You Need It

Posted on July 3, 2015 by randyspiro

When real estate is purchased, the buyer typically also buys a title insurance policy. When the buyer later sells, if there is a problem with title to the property, the title insurance company is obligated to take care of it. … Continue reading →

Posted in Estate Planning, Law, special needs, Super Lawyer, taxes, title, title insurance, Trusts, Uncategorized, wills | Leave a comment

Homestead

Posted on January 22, 2015 by randyspiro

Some people have recorded a document entitled homestead indicating that they want a certain dollar amount of the value of their principal residence to be protected from their creditors. Some companies even solicit people to have the company prepare and … Continue reading →

Posted in Estate Planning, Law, special needs, Super Lawyer, taxes, Trusts, wills | Leave a comment

Benefits of a Special Needs Trust

Posted on January 9, 2012 by randyspiro

If a child has a disability, he or she may qualify for special programs such as Medi-Cal or SSI. These programs typically require that the child have very little or no assets in order to qualify. Sometimes, the government entity … Continue reading →

Posted in Estate Planning, Law, special needs, Super Lawyer, taxes, Trusts, Uncategorized, wills | Tagged , | Leave a comment

Tale of the Trust Protector

Posted on January 3, 2012 by randyspiro

An irrevocable trust can designate a trust protector and give him or her certain powers, for example, to change the trustee or to move the trust administration to a different jurisdiction. A trustee is a fiduciary because he or she … Continue reading →

Posted in Estate Planning, Law, Super Lawyer, taxes, Trusts, Uncategorized, wills | Tagged , , , , | Leave a comment

Number of Taxable Estates for Federal Estate Tax Purposes

Posted on November 28, 2011 by randyspiro

A taxable estate is one in which the net value after applicable deductions exceeds the dollar amount of the exclusion/exemption  for the year in which the person died. As the exclusion/exemption amount has increased over the years, the number of … Continue reading →

Posted in Estate Planning, Law, Super Lawyer, taxes, Trusts, Uncategorized, wills | Leave a comment

The need to file an estate tax return even when it is not required

Posted on October 18, 2011 by randyspiro

A person can die in 2011 with up to $5,000,000 and his or her estate will pay no federal estate taxes. The federal estate tax return, form 706, is not required to be filed if the gross estate of a … Continue reading →

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Hiring an attorney

Posted on September 28, 2011 by randyspiro

Whether you need a bankruptcy attorney, a criminal attorney, or an estate planning attorney, the worst question to ask him or her is: “Do you handle (fill in the type of case or the area of law)?” Many attorneys need … Continue reading →

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