Important Issues to Consider When Setting Up Your Estate Plan

 

Important Issues to Consider When Setting Up Your Estate Plan

Often estate planning focuses on the “big picture” issues, such as who gets what, whether a living trust should be created to avoid probate and tax planning to minimize gift and estate taxes. However, there are many smaller issues, which are just as critical to the success of your overall estate plan. Below are some of the issues that are often overlooked by clients and sometimes their attorneys.

Cash Flow
Is there sufficient cash? Estates incur operating expenses throughout the administration phase. The estate often has to pay state or federal estate taxes, filing fees, living expenses for a surviving spouse or other dependents, cover regular expenses to maintain assets held in the estate, and various legal expenses associated with settling the estate.

Taxes
How will taxes be paid? Although the estate may be small enough to avoid federal estate taxes, there are other taxes which must be paid. Depending on jurisdiction, the state may impose an estate tax. If the estate is earning income, it must pay income taxes until the estate is fully settled. Income taxes are paid from the liquid assets held in the estate, however estate taxes could be paid by either the estate or from each beneficiary’s inheritance if the underlying assets are liquid.

Assets
What, exactly, is held in the estate? The owner of the estate certainly knows this information, but estate administrators, successor trustees and executors may not have certain information readily available. A notebook or list documenting what major items are owned by the estate should be left for the estate administrator. It should also include locations and identifying information, including serial numbers and account numbers.

Creditors
Your estate can’t be settled until all creditors have been paid. As with your assets, be sure to leave your estate administrator a document listing all creditors and account numbers. Be sure to also include information regarding where your records are kept, in the event there are disputes regarding the amount the creditor claims is owed.

Beneficiary Designations
Some assets are not subject to the terms of a will. Instead, they are transferred directly to a beneficiary according to the instruction made on a beneficiary designation form. Bank accounts, life insurance policies, annuities, retirement plans, IRAs and most motor vehicles departments allow you to designate a beneficiary to inherit the asset upon your death. By doing so, the asset is not included in the probate estate and simply passes to your designated beneficiary by operation of law.

Fund Your Living Trust
Your probate-avoidance living trust will not keep your estate out of the probate court unless you formally transfer your assets into the trust. Only assets which are legally owned by the trust are subject to its terms. Title to your real property, vehicles, investments and other financial accounts should be transferred into the name of your living trust.
 


 

 
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Learn how to use and edit your GOPRO videos

You may use your GOPRO video/camera to  produce business or recreational videos.  This Book Will Teach Both New And Professional Gopro Enthusiasts How To Master Their Camera And Edit Footage Professionally.

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Free Classifieds

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Apostille service in California, Spanish Translation, Notary PUblic, Sacramento Tel 707-992-5551

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Notary tools, Iphone camera, image editor apps.

Many notaries use iphones to get work, run the business, create images, logos, etc.  The camera has an important role: You can scan documents, take pictures, use specific business apps or software for the Notary business.

When you are ready with a picture, usually there is room for improvement and the iphone camera has some editing capability.  To do more, just download and test the editing software available in the app store.

I will be reviewing a few photo, image apps with sample pictures. In the mean time you can start testing… Here it is a small list to start:

 

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Electronic Notarizations.

The Notary Hanbook published by Alex Padilla, Secretary of State, notary Public Section 2017.   Electronic Notarizations.   California notaries public are authorized under current law to perform notarizations on documents electronically as long as all the requirements for a traditional paper-based notarial act are met, including the use of a seal for all but two specific documents used in real estate transactions. California law requires a person to appear personally before a notary public to obtain notarial acts like acknowledgments or jurats. This means the party must be physically present before the notary public. A video image or other form of non-physical representation is not a personal appearance in front of a notary public under California State law.

If you are anywhere in the world and need a notarized document from a person/client in Sacramento County, California, you can send us the PDF and we meet the client. You will get the notarized document as soon as your client signs it.

If you also need that document with an Apostille, we can do it the same day and will ship the document to the country of destination.  For more information, please contact us.

 

 

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Power of Attorney forms

If you need legal forms provided by an attorney,  you can check a Sacramento Estate Planning attorney or search for one in your area.

Attorney-Drafted Power of Attorney Forms and Instructions -- Includes Digital Downloads – General Power of Attorney, Specific Power of Attorney, Parental Power of Attorney

If you would like to do it yourself, select the legal documents from this list.

You will find here:

Durable Power of Attorney – Limited – USA – Do-it-yourself Legal Forms by Permacharts, Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser, General Durable Power of Attorney Effective Upon Disability, Financial Power of Attorney, Quicken WillMaker Premium Home & Family, Power of Attorney Forms – Legal Reference – 1 – PC Adams Power of Attorney Library on CD (AL632), Family Law Legal Planning Kit – Legal Forms (Last Will and Testament, Power of Attorney, Healthcare Directive forms) & 2 laminated Legal Reference Guides, Adams Durable Power of Attorney, Forms and Instructions (LF205), Durable Power of Attorney –

Limited – USA – Do-it-yourself Legal Forms by Permacharts, Adams Living Will and Power of Attorney for Healthcare Kit, Forms and Instructions, Includes CD (K306),

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Apostille Service in CaliforniaSergio Musetti 707-992-5551

 

 

 

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Accounting Software for notaries and signing agents.

 

NotaryGadget is a super easy accounting software for notaries and signing agents. It makes just about everything you do easier – sending invoices, tracking payments, tracking mileage, tracking notarial acts, managing your calendar, tracking your expenses, and helping you with your taxes.

Try it for free

Your first 15 signings are 100% free – regardless of how long it takes you!  You get complete access to all of NotaryGadget’s features with no strings attached and no credit card is required.
If you love it after 15 signings, then you simply choose one of the paid plans below.  If it’s not for you, then no big deal…your account will automatically go inactive after 15 signings.
Per month
cancel anytime
OR
1-Year
pre-pay and save

 

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New California Notary Laws

Fees:

Government Code sections 8211 and 8233 were amended to increase the maximum fees which may be charged for certain notarial acts. The new maximum fees are as follows:

Immigration: A notary public may notarize the signature on a document affecting the immigration or citizenship status of any person; however, under current law, a notary public who is not also an immigration consultant cannot do the verification tasks in connection with completing immigration forms because this activity is prohibited by the broad language of California Government Code section 8223.

Notaries public cannot post any sign, distribute any advertisement or use the words “notario publico” or “notario.” Notaries public who advertise expertise in immigration matters also cannot advertise notary public services. A California notary public’s commission can be suspended or revoked for such actions. Notaries public who post signs or distribute advertisements that do not comply with law should remove the signs or advertisements immediately. (California Government Code sections 8219.5(c) and 8223(a).) A first offense for a violation of this law is grounds for the suspension of the notary public’s commission for not less than one year, or revocation of a notary public’s commission. A second offense is grounds for the permanent revocation of a notary public’s commission.

The Notary Public Handbook contains California laws relating to notaries public and is designed to assist an applicant in preparing for the notary public examination. Refer to the current version of the handbook when preparing for the examination.   2017 Notary Public Handbook (PDF)

Authentications: Apostille or Certification, Authentication of public official signatures on documents to be used outside the United States. Order an Apostille and/or English Spanish translation Tel 707-992-5551

 

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Carmichael Notary, California Apostille / Apostilla, Spanish Translation
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Mexico, requerimientos para divorcio

La pagina del gobierno tiene informacion de los pasos a seguir referente a la Inscripción del acta de divorcio administrativo.

1. Acudir a la Oficialía del Registro Civil más cercana al domicilio.
2. Presentar la documentación requerida para dicho trámite.
Que hay que hacer para el proceso de divorcio en Mexico:  Solicitud de divorcio, Que los cónyuges sean mayores de edad, Comparecencia personal voluntaria de ambos cónyuges, … lea los 9 requisitos en la:

Lista de requisitos para solicitar divorcio en Mexico.

 

  • Copia certificada del acta del matrimonio
  • identificación oficial de los cónyuges
  • certificado de no gravidez expedido por un laboratorio clínico (solo si los cónyuges tiene menos de 55 años).
  • Resolución judicial o instrumento notarial de la liquidación de la sociedad conyugal

Requisitos legales para tramitar un divorcio – qué necesito saber, divorcio express

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