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CHRISTOPHER B. JOHNSON
ATTORNEY AT LAW
(888) 838-8771

12
JAN
2015

Protecting Your Inheritance From Creditors

Although an inheritance is a gift intended specifically for a person, it is also a source of cash a creditor may try to take if you owe a debt. Generally, when you receive an inheritance, you get outright ownership of the decedent’s former assets, which can be used to pay off...
05
JAN
2015

Managing Digital Assets in Your Estate Plan

What are Digital Assets? Digital assets can be organized into several categories: Computers and devices: content from desktops, laptops, tablets, and mobile phones Email: content from incoming, sent, and stored messages Content from social media sites such as Facebook, Twitter,...
26
NOV
2014

Family Members Are Fighting Over the Will, What Now?

While fights over a decedent’s money and assets can lead to family feuds, they are just as likely to occur over memorabilia and personal items that have little or no monetary value. Some might even argue that the happiest families are in the most danger of feuding over a will,...
04
SEP
2013

What is Probate? (Part 1)

Probate is a legal process that passes on your assets to your designated beneficiaries or heirs after determining the validity of your will, if it exists, and the interests of creditors and others who may have an interest in your estate. What Does Probate Do? When you pass away,...
26
APR
2013

Estate Planning for the Business Owner

Having the right planning in place is essential for business owners…who will keep the business running if you can’t?  What if you’re incapacitated?  Who will keep its value high for sale?  How can you ensure your family gets the best possible price for the...
11
FEB
2013

No-contest clauses in wills and trusts

When preparing an estate plan, I’m often asked about including a no-contest clause, and I see attorneys and others advertising their “bullet-proof” or “ironclad” documents with no-contest clauses.  While I admire their confidence, no contract or...
04
FEB
2013

What options do I have when a trustee is behaving badly?

I deal with this question quite a bit, as there’s unfortunately a lot of trustees behaving badly out there, or at least in Los Angeles, San Bernardino and Riverside counties where I practice. Trustees owe the highest duty of care, the fiduciary standard of care, to the...
29
NOV
2012

Are life insurance proceeds protected from creditors?

This question came up during a conversation with a colleague today, and the answer is one commonly heard from attorneys:  “It depends.” California’s Code of Civil Procedure, section 704.100(c) says: “(c) Benefits from matured life insurance policies...
03
JUN
2012

What can we learn as trustees from Point Break?

After watching the Patrick Swayze classic Point Break, I’ve learned it has a lot of useful tips for thinking about trustees. 1)  Respect your elders.  So true, and even more so when spoken by the great Gary Busey.  Choose the right trustees for taking care of you and those...
23
FEB
2012

GRATs and Mitt Romney’s estate planning

No one really knows what will happen with the estate and gift taxes in 2013–if Congress does nothing, we’re back to a $1,000,000 exemption.  President Obama’s proposed budget sets it at $3,500,000.  We do know that the $5,120,000 exemption we have this year is a...
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