Uncover Hidden Traps in Your Living Trust: Virtual WORKSHOP!

[@lindaHalt1916]

Jim Cunningham you are a great disseminator. Thank you so much for sharing this valuable information ❣️

[@CunninghamLegal]

You are very welcome!

[@ConcernCitizen-w1y]

Thanks

[@harrysegal306]

A lot of great Estate Planing info in this video! Thanks. Question can you refer me to the most recent contest case for a "mistake of fact" used to throw out a disinherited heir? What is the title of the video where you discuss a "mistake of fact"?

[@CunninghamLegal]

In California, the doctrine of "mistake of fact" is a legal principle that can lead to the invalidation of a trust or will if the grantor/testator made an error regarding a material fact when the will was signed. A material fact is any fact that could have impacted the person’s decision on how to distribute their property. Examples of mistake of fact that can lead to the invalidation of a Trust or Will in California are erroneously believing that a child has passed away, assuming that a spouse has divorced them, overestimating the value of a property, and assuming that another beneficiary has died. If you suspect that a trust or Will may be invalid due to a mistake of fact, it is essential to consult an attorney. An experienced attorney can provide legal advice and represent people in court if necessary. You can contact CunninghamLegal here if that is a service you require: www.cunninghamlegal.com/california-law-offices/contact/

[@salthead3]

Jim, In quite a few videos, you've said that only assets that you bring into the marriage or inheritance are separate property, but what about income earned by that separate property. For example, interest in a separate property bank account. Isn't that also separate property?

[@CunninghamLegal]

Correct. Rents and other income from a separate property remain separate unless “transmuted,” or commingled. Separate property can become transmuted, and turn into community property. This can happen, for example, if an inheritor deposits their whole inheritance into a joint account with their spouse and uses the money for household expenses. You can read more here: www.cunninghamlegal.com/how-does-divorce-affect-estate-planning-in-california/

[@Imsierrabound]

You didn’t mention appointing a trust as the beneficiary to an IRA or the benefits of an AB marital trust to protect up to 24 $MM of assets. I’d also be interested in information relative to Family LLC’s in California relative to some of traps in proposition 19..

[@CunninghamLegal]

Hi Marc, we have a webinar scheduled on this topic, and you can register here and watch it live!: www.cunninghamlegal.com/legal_webinars/ab-trusts-the-good-the-bad-and-the-ugly/. Our Proposition 19 website page is here for more information: www.cunninghamlegal.com/california-legal-services/california-prop-13-protection-prop-19-strategy/ For immediate assistance, you can contact our office at www.cunninghamlegal.com/california-law-offices/contact/

[@danniebaker1118]

I'm live in San Diego do you have any office in San Diego

[@CunninghamLegal]

We do not have a physical office in the San Diego area, but we work very effectively via Zoom or a phone call. Please contact our office to learn more about our remote consultation options: www.cunninghamlegal.com/california-law-offices/contact/