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Retirement Form Trumps Will or Trust

If you like gambling with cards, don't carry that over to your designated IRA or Retirement fund beneficiaries. We all know a full house trumps a straight in poker. But did you know this, a Retirement form trumps a Will or Trust? That's right. If you are considering the designation of your Retirement fund in a Will don't waste the ink. It won't work. There are cases in which a divorcee failed to change his or her Retirement fund beneficiary from a now divorced spouse.

Living Trust Administration on the Death of a Trustor Part 2

The following was written by Attorney Jack E. Stephens, for the professional manual, Rules of Trust Administration in California, regarding the administration of a Living Trust on the death of a Trustor. This is Part 2 of an ongoing series. 

Living Trust Administration on the Death of a Trustor Part 1

The following was written by Attorney Jack E. Stephens, for the professional manual, Rules of Trust Administration in California, regarding the admistration of a Living Trust on the death of a Trustor. This is Part 1 of an ongoing series. 

Estate Planning and Incapacity

       Believe it or not, most people are more reluctant to plan for incapacity than death. More individuals can accept death but not incapacity. They can accept the graveyard but not the nursing home. When I asked one elder male client why he knew he would never go to a nursing home he responded , "because of my .45 caliber pistol I keep in my chest of drawers". Okay, but what if you have a stroke and can't pull the trigger. Incapacity, physical and mental, must be addressed in your documents. Why wouldn't you want to determine where you lived and who would care for you post-stroke or other incapacitating event?

Estate Planning with Durable Powers of Attorney

       Many clients are confused regarding the use of Durable Powers of Attorney in their Estate Plan. In California we have two separate documents, the Healthcare Power of Attorney, known as the Advanced Healthcare Directive (AHCD). The Financial Power of Attorney is called the Uniform Durable Power of Attorney (UDPA).

Estate Planning with Protective Inheritance Trust (PIT) Provisions

       Okay, you've got a child who doesn't understand marriage and is twice-divorced; a child who attracts lawsuits like teenage groupies to a rock star; or, a child who flirts with bankruptcy like a "hot" swimsuit model.

Contact

The Law Offices of Jack Stephens, J.D., LL.M.
12526 High Bluff Dr.
Suite 200
San Diego, CA 92130
Phone: 858-792-0909
Fax: 858-792-0806
Map and Directions

Video of Jack Stephens' AV Preeminent Rating by Martindale-Hubbell

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