James B. Creighton Law Blog

Estate Planning Defined. What are the Current Rules Regarding the Taxation of Gifts?Issue: Earlier this week, one of my clients emailed me with a question about the current status of the federal gift tax laws, as follows...... Read More

What is a Form 706? When is it due? A Federal Estate Tax Return (which is commonly referred to as “IRS Form 706”) is generally due within nine (9) months from the date of death of the decedent whose estate is at issue.... Read More

Estate Planning Defined. Question: Can The Trustee of a Continuing Trust Who is Also The Beneficiary Withdraw Trust Principal? First and most important, you should always, always, always start by reading the provisions of the document that governs the Continuing Trust...... Read More

"Pros" & "Cons" of "Transmuting" Property Owned by a Married Couple in California. Married couples who reside in California have the opportunity to accumulate community property, separate property, quasi-community property, or some combination of the three. Sometimes one spouse wants to convert her separate property to the community property of the married couple. However, there are important points to remember before making such a move.... Read More

How Can an HEIR AT LAW Recover Her Share of an Inheritance After the Close of the Probate of Her Relative’s Estate? I recently received a question from a potential client who called me regarding the probate of a relative’s estate. She told me that her relative died without a Last will & Testament in place. Apparently, the Caller was not notified that her relative had died and she did not receive any property from her relative’s estate, even though her siblings received prop... Read More

How is "Community Property" Defined Under California Law? In this post of ESTATE PLANNING DEFINED, James B. Creighton, of Creighton Law Offices in San Mateo, CA, defines community property, which, he has found, is a term that is not always clearly understood by those who use it. Remember that community property is defined under the laws of the State of California, which is one of nine (9) states that have codified the concept of "community property."... Read More

This post of ESTATE PLANNING DEFINED is Part 3 of our 3-part series in which we answer the question: What is an “Estate Plan”? In this post, we list and describe the documents that make up an estate plan built around a Revocable Living Trust. James B. Creighton, Creighton Law Offices, San Mateo, California... Read More

What is an Estate Plan? (Part 2 of 3).In Part 1 of this three-part series, we listed the two main types of estate plans: the estate plan built around a Last Will & Testament; and the estate plan built around a revocable living trust. In this Part 2, we describe the primary documents that make up an Estate Plan that is built around a Last Will & Testament, including the Last Will & Testament, the Durable Power of Attorney for Financial Affairs, and the Advance Health Care Directive.... Read More

In this post of Estate Planning Defined, we address the following question: What is an "Estate Plan?" In general there are two main types of estate plans: 1. Estate Plan built around a Last Will & Testament; and 2. Estate Plan built around a Revocable Living Trust. This is the first of three posts that will answer the question: What is an Estate Plan? James B. Creighton, Esq., Creighton Law Offices, San Mateo, CA... Read More