In plain language, ademption is what occurs in the situation described in the title of this article:  A will leaves a particular piece of real or personal property (e.g., a house, car, dog, watch) to a specific individual, but the item is not in the decedent’s estate at his death.  (Perhaps the decedent crashed the…

As this dismal election season slouches towards Gomorrah, we examine the candidates’ positions on two issues familiar to San Francisco Bay Area trust and probate attorneys—the federal estate tax and the “step up” basis rule for capital gains. The federal estate tax is a tax levied upon a person’s estate at their death.  (Some states…

What To Do To Make Your Passing Financially Sound Clients typically consider their estate planning at three predictable junctures in their lives: when they first have children and are concerned about who will raise them if “something happens” when their children are grown and need to be named as successor trustees when they are old,…

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