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AV Preeminent Peer Rated Attorneys
San Francisco County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Francisco County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 180 Montgomery, Suite 1616, San Francisco, CA 94104

  • 250 Montgomery St., 16th Fl., San Francisco, CA 94104-3406

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  • P.O. Box 2928, San Francisco, CA 94126-2928

  • 101 California St., Ste. 2710, San Francisco, CA 94111

  • 220 Sansome St. Ste. 1320, San Francisco, CA 94104

  • 555 Montgomery St., Ste. 600, San Francisco, CA 94111

  • 333 Bush Street, 21st Floor, San Francisco, CA 94104

  • 425 California Street, Suite 1625, San Francisco, CA 94104-2116

  • 350 Sansome St., Ste. 300, San Francisco, CA 94104

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  • 117 Conrad St., San Francisco, CA 94131

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  • 44 Montgomery St., Ste. 3850, San Francisco, CA 94104-4823

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Do I need to know my net worth to write my will?

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Answered by attorney Nathan James Wagner (Unclaimed Profile)
Estate Planning lawyer at The Law Office of Nathan Wagner
You do not need to know your net worth or have an estimate of your net worth in order to write your will. However, you do need to know roughly the types of property that you own.
You do not need to know your net worth or have an estimate of your net worth in order to write your will. However, you do need to know roughly the types of property that you own.
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If something happens to me, will my wife automatically get the house I bought before we got married?

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Answered by attorney Robert Ingham Long (Unclaimed Profile)
Estate Planning lawyer at The Law Office of Robert I. Long
In California, a house you bought and paid for before marriage is considered your separate property, although it is possible a portion of it may gradually become community property over time. Without a Will, your wife will get half the house and your sister will get the other half (assuming your parents are deceased). With a Will, you can dictate who gets the whole thing. Plus you designate who you want to be in charge, called the Executor, which is usually the same person as stands to receive the bulk of the estate. With a Trust (one step up from a Will), it is possible to have your estate handled after your death without the need to go to court, if that is a concern, but a Trust is not suitable for all situations. See an estate planning attorney.
In California, a house you bought and paid for before marriage is considered your separate property, although it is possible a portion of it may gradually become community property over time. Without a Will, your wife will get half the house and your sister will get the other half (assuming your parents are deceased). With a Will, you can dictate who gets the whole thing. Plus you designate who you want to be in charge, called the Executor, which is usually the same person as stands to receive the bulk of the estate. With a Trust (one step up from a Will), it is possible to have your estate handled after your death without the need to go to court, if that is a concern, but a Trust is not suitable for all situations. See an estate planning attorney.
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Are CD and annuities left to beneficiaries considered part of the estate when it is divided?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
They're part of the taxable estate; they're part of the augmented estate for purposes of the spousal elective share; they're part of the estate for purposes of Medicaid estate recovery. But, in general, no. If accounts are left with "payable on death" beneficiaries, they are not part of the probate estate. Many people screw up their estate plan by designating beneficiaries for their cash accounts unevenly, for example, leaving this CD to that child and the other CD to this child. Then you spend one CD, and forget to change the designation of the other now one child takes his CD and half of the probate estate, and the other child is just short by the amount of the CD.
They're part of the taxable estate; they're part of the augmented estate for purposes of the spousal elective share; they're part of the estate for purposes of Medicaid estate recovery. But, in general, no. If accounts are left with "payable on death" beneficiaries, they are not part of the probate estate. Many people screw up their estate plan by designating beneficiaries for their cash accounts unevenly, for example, leaving this CD to that child and the other CD to this child. Then you spend one CD, and forget to change the designation of the other now one child takes his CD and half of the probate estate, and the other child is just short by the amount of the CD.
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