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San Jose Estate Planning Law Blog

How to opt out of a bypass trust

On Behalf of Law Offices of Linda J. MacKay | May 6, 2022 | Trusts

A bypass trust can benefit you in several ways after your spouse dies. Separating your spouse's assets from your own can help you protect your money from creditors, reduce your estate taxes and more. Despite its benefits, the problem with this type of trust is that...

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The benefits of setting up a trust for your children

On Behalf of Law Offices of Linda J. MacKay | Apr 4, 2022 | Estate Planning

Some may feel fear about making plans for their future, especially when it comes to their children. They also may feel some concern about their assets and what to do with them. The reality is that while it may be intimidating to think about these things, doing so can...

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What to know about estate planning with NFTs and cryptocurrency

On Behalf of Law Offices of Linda J. MacKay | Mar 1, 2022 | Estate Planning

The global financial crisis of 2008 motivated the elusive Satoshi Nakamoto to create cryptocurrency as a safer alternative to federal monies that remain in the hands of governments, banks and companies. In the ensuing years, individuals made non-fungible tokens (NFTs)...

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Can I change my trustee?

On Behalf of Law Offices of Linda J. MacKay | Feb 8, 2022 | Estate Planning

Most people consider a family member or close friend to serve as their trust administrator because they want someone they know and love who understands their wishes. However, when your chosen trustee becomes untrustworthy, it can change your family dynamics and cause...

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When should you update your will?

On Behalf of Law Offices of Linda J. MacKay | Jan 3, 2022 | Estate Planning

Preparing your estate plan can help you protect your assets and interests after you die. One of the foundations of this plan is your will. According to the American Bar Association, a will allows your executor to distribute certain property according to your wishes...

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How are the federal estate and gift taxes different?

On Behalf of Law Offices of Linda J. MacKay | Nov 30, 2021 | Estate Planning

While the state of California does not have a state-specific estate or gift tax, federal taxes still apply to the estates of California residents. People often get estate and gift taxes confused. How are the federal estate and gift taxes different? What is different...

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What is the difference between estate and inheritance taxes?

On Behalf of Law Offices of Linda J. MacKay | Nov 3, 2021 | Estate Planning

The estate plan that includes the will belongs to the person who has died. Once the will reaches probate, the person listed as the beneficiary receives the inheritance. However, you may not be the only person to get money from the estate. California is one of the...

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When should you create financial and healthcare POAs?

On Behalf of Law Offices of Linda J. MacKay | Sep 15, 2021 | Estate Planning

If you have not yet created your estate plan, you might consider starting with the basics, such as your will plus powers of attorney (POA) for finances and healthcare. You probably agree that having a will is a good idea. But why are powers of attorney important? The...

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Tips for accounting for digital assets in your estate plan

On Behalf of Law Offices of Linda J. MacKay | Sep 1, 2021 | Estate Planning

Using your computer and going online is likely a big part of your daily routine. Technology and the emergence of the internet may have transformed your life in recent years, much like many other Americans. According to the Pew Research Center, only 7% of adults in the...

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Selecting guardians and trustees

On Behalf of Law Offices of Linda J. MacKay | Aug 26, 2021 | Trusts

It's a talk that no one wants to have. Sitting down with loved ones to talk about a time when you and your spouse pass away is difficult but extremely necessary, particularly when it comes to caring for your children. First and foremost, you need to know the...

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