Code Context if (isset($cityInfo['City']['name']) && $cityInfo['City']['name'] != '') {
echo $cityInfo['City']['name'] . ' Ads';
} elseif ($categoryInfo['ClassifiedCategory']['name']) {
$viewFile = '/var/www/html/subdomains/classifieds/app/View/Elements/classifieds/listing.ctp'
$dataForView = array(
'classifieds' => array(
(int) 0 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 1 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 2 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 3 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 4 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 5 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 6 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 7 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 8 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 9 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 10 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
),
(int) 11 => array(
'Classified' => array(
[maximum depth reached]
),
'Category' => array(
[maximum depth reached]
),
'SubCategory' => array(
[maximum depth reached]
),
'User' => array(
[maximum depth reached]
)
)
),
'listtype' => 'list',
'page' => '2493',
'subcat2' => '2493',
'cat1' => '... <',
'separator' => '',
'city' => '',
'canonical' => 'https://classifieds.dealerbaba.com/... <',
'cityList' => array(),
'statesList' => array(
(int) 1 => 'Andaman and Nicobar Islands',
(int) 2 => 'Andhra Pradesh',
(int) 3 => 'Arunachal Pradesh',
(int) 4 => 'Assam',
(int) 5 => 'Bihar',
(int) 6 => 'Chandigarh',
(int) 7 => 'Chhattisgarh',
(int) 8 => 'Dadra and Nagar Haveli',
(int) 9 => 'Daman and Diu',
(int) 10 => 'Delhi',
(int) 11 => 'Goa',
(int) 12 => 'Gujarat',
(int) 13 => 'Haryana',
(int) 14 => 'Himachal Pradesh',
(int) 15 => 'Jammu and Kashmir',
(int) 16 => 'Jharkhand',
(int) 17 => 'Karnataka',
(int) 18 => 'Kenmore',
(int) 19 => 'Kerala',
(int) 20 => 'Lakshadweep',
(int) 21 => 'Madhya Pradesh',
(int) 22 => 'Maharashtra',
(int) 23 => 'Manipur',
(int) 24 => 'Meghalaya',
(int) 25 => 'Mizoram',
(int) 26 => 'Nagaland',
(int) 27 => 'Narora',
(int) 28 => 'Natwar',
(int) 29 => 'Odisha',
(int) 30 => 'Paschim Medinipur',
(int) 31 => 'Pondicherry',
(int) 32 => 'Punjab',
(int) 33 => 'Rajasthan',
(int) 34 => 'Sikkim',
(int) 35 => 'Tamil Nadu',
(int) 36 => 'Telangana',
(int) 37 => 'Tripura',
(int) 38 => 'Uttar Pradesh',
(int) 39 => 'Uttarakhand',
(int) 40 => 'Vaishali',
(int) 41 => 'West Bengal'
),
'subcategories' => array(),
'catid' => null,
'categoryInfo' => array(),
'dtMetaData' => array(
'meta_title' => 'Post Free Classified in | Indian ads',
'meta_desc' => 'Post Classified ads in India at free classified ads posting website Dealerbaba. Post Classified ads for ',
'meta_keywords' => 'Post classified in '
),
'title_for_layout' => 'Post Free Classified in | Indian ads',
'categories' => array(
(int) 4 => 'Automobiles',
(int) 11 => 'Community',
(int) 9 => 'Education',
(int) 1 => 'Electronics',
(int) 2 => 'For Sale',
(int) 6 => 'Health',
(int) 10 => 'Jobs',
(int) 8 => 'Pets and Animal',
(int) 3 => 'Real Estate',
(int) 7 => 'Services',
(int) 5 => 'Tour & Travels'
),
'metaTags' => array(
'Metatag' => array(
'id' => '110',
'page_name' => 'classifiedhome',
'meta_tag' => 'Local Classifieds, Online Classifieds, Post Free Ads, Best Classified Websites, Free Classifieds In India, Free Classified Ads, Classified Ad Sites, Classifieds In India, Post Free Classified Ads, Local Classified Ads, Free Local Classified Ads',
'meta_desc' => 'Find and post free classified ads in India for properties, jobs, cars, tour & travels, furniture, Mobiles, electronics & appliances, healthcare and more for sale in India. Dealerbaba classified is a Free Local classifieds ads posting website in india',
'meta_title' => 'Post Free Classified ads India | Local Classifieds ads',
'meta_robots' => 'index, follow',
'slug' => 'classifiedhome',
'created' => '2018-01-19 11:28:22',
'modified' => '2018-01-19 11:28:22'
)
)
)
$classifieds = array(
(int) 0 => array(
'Classified' => array(
'id' => '135849',
'user_id' => '525898',
'title' => 'Will Vs. Living Trust: Make Sure Your Estate Plan Meets Your Needs',
'classified_category_id' => '7',
'subclassified_category_id' => '142',
'location' => '19 Cedar St, Worcester, MA 01609',
'currency' => 'USD',
'price' => null,
'description' => 'Estate planning is an important and everlasting gift you can give your family. However, according to a survey conducted by Caring.com in 2019, only 42 percent of American adults have estate planning documents such as a will or living trust. Proper estate planning involves making a number of critical decisions. One of the issues that many people grapple with is whether to create a will or living trust. To make informed decisions, it is important to know what these legal documents are and the differences between them. That way, you will understand the advantages and disadvantages of a will vs. living trust.
Here’s what you need to know.
What Is a Will?
A will, also known as a last will and testament, is a legal document that contains your final wishes. The instructions in your will relate to the care of your minor children—especially those with special needs—and what will happen to your estate after your death.
For a will to be valid in Massachusetts, it must meet certain legal requirements. A will allows you to:
Appoint an executor for your will
Name guardians to take care of your children and dependents
Designate how your assets will be managed and distributed
Specify your funeral and burial arrangements
What Is a Living Trust?
A living trust is a fiduciary agreement that allows you to transfer your property to your trust, which is a separate legal entity. With a trust, you will appoint a trustee who will hold the legal title of the assets for the benefit of the beneficiaries. The trustee will also carry out the instructions contained in the trust document.
A living trust is created during your lifetime and has to be properly funded to be effective. Trusts:
Allow you to set terms regarding how the trustee will manage the assets
Give you more control over how and when your assets will be distributed
Come in many various types and forms to suit your specific needs
Key Differences Between a Will vs. Living Trust
There are several key differences between wills and living trusts. Understanding what sets them apart will help you make an objective comparison of a will vs. living trust and assist you in your estate planning endeavor. Below are a few differences you need to know.
Effective Date
While a will becomes active only after you die, a living trust comes into effect immediately—once it has been set up and funded. Unlike a will, a trust allows you to name a successor trustee who will manage trust assets in the event that you become incapacitated. This helps to protect you and your family during that period.
Cost and Effort Required
The process of establishing a trust can be complex and time-consuming and may involve more paperwork. Also, for trusts to work as intended, they need to be funded and require continuous maintenance. Compared to a will, a living trust will be more expensive to set up and maintain.
Properties Covered
A will covers the properties that you solely own as well as tenancy-in-common interests. However, this legal document does not cover assets with a beneficiary such as life insurance policies. On the other hand, a living trust covers any property that has been transferred into it. This may include a life insurance policy—provided that the trust owns the policy.
Probate and Privacy
Whether you have one or not, when it comes to a will, there is a good chance your estate will go through probate. During this process, the court will establish the validity of the will and give the executor the legal authority to distribute assets. In the end, the will becomes a public document. On the other hand, a living trust can enable you to avoid probate, something that will help to preserve your privacy and streamline the distribution of your assets to your heirs.
Precedence and Contestability
Because of their ongoing nature, living trusts usually take precedence over wills. Similarly, trusts are less likely to be successfully challenged.
Tax Benefits
There are two basic types of living trusts: revocable and irrevocable. An irrevocable trust offers certain tax-shelter benefits that you will not enjoy with a revocable trust. If you have a sizeable estate, you can consider establishing an irrevocable trust to help you reduce your tax liability.
Will vs. Living Trust: Which Option Is Right for You?
Generally, most people need a will. However, not everyone needs to set up a trust. Ultimately, the decision over which of these two options suits you best will depend on your personal situation, needs, and goals. Fortunately, you do not have to choose one over the other; you can use the two estate planning tools together.
If you die without any of these legal documents, your property will be distributed in line with Massachusetts intestate succession laws. To ensure you have some control over what happens to your estate after you pass away, consider drafting these important documents. Lastly, making the right decisions now will allow you to achieve your estate planning goals for the future.
Partner With a Worcester Estate Planning Attorney
Now that you know the pros and cons of a will vs. living trust, you will be in a better position to create an estate plan that meets your needs. However, the estate planning process goes beyond these essential legal documents. For a solid estate plan, be sure to work with an experienced Worcester estate planning lawyer. Contact us today to book your initial consultation.
Law Office of Polly Tatum
19 Cedar St
Worcester, MA 01609
(774) 366-3688
',
'image' => '',
'extra_fields' => '[]',
'status' => '1',
'created' => '2023-08-11',
'modified' => '2023-08-11',
'slug' => 'will-vs-living-trust-make-sure-your-estate-plan-meets-your-needs',
'ip' => '171.22.108.204',
'website' => 'https://www.LawOfficeOfPollyTatum.com',
'view_count' => '268',
'more_categories' => '10',
'more_subcategories' => '174',
'latitude' => '',
'longitude' => ''
),
'Category' => array(
'id' => '7',
'name' => 'Services',
'image' => '19892_ser.png',
'status' => '1',
'parent_id' => '0',
'slug' => 'services'
),
'SubCategory' => array(
'id' => '142',
'name' => 'Other Services',
'status' => '1',
'image' => '',
'parent_id' => '7',
'slug' => 'other-services'
),
'User' => array(
'id' => '525898',
'first_name' => 'Polly',
'last_name' => 'Tatum',
'plan_id' => '1',
'start_time' => '1691703326',
'end_time' => '2007063326',
'payment_status' => '1',
'notes' => '',
'email_address' => 'pollyworcester@lawofficeofpollytatum.com',
'contact' => '7743663688',
'profile_percentage' => '65',
'status' => '1',
'ip' => '216.247.45.255',
'created' => '2023-08-10 21:35:26'
)
),
(int) 1 => array(
'Classified' => array(
'id' => '135854',
'user_id' => '522717',
'title' => 'Magnific Decorative Fans with Lights: Elevate Your Space in Style and Comfort',
'classified_category_id' => '2',
'subclassified_category_id' => '66',
'location' => 'Bangalore',
'currency' => 'INR',
'price' => null,
'description' => 'Magnific designer fans are premium ceiling fans that combine luxury, performance, and eco-friendliness. They are made with high-quality materials and feature sleek, modern designs. Magnific fans are also equipped with energy-efficient motors that can help you save money on your energy bills.
Here are some of the key features of Magnific designer fans:
*Sleek, modern designs
*High-quality materials
*Energy-efficient motors
*Quiet operation
*Long warranties
',
'image' => '',
'extra_fields' => '{"2":"New"}',
'status' => '1',
'created' => '2023-08-11',
'modified' => '2023-08-28',
'slug' => 'magnific-decorative-fans-with-lights-elevate-your-space-in-style-and-comfort',
'ip' => '103.75.156.26',
'website' => 'https://www.magnific.in/',
'view_count' => '357',
'more_categories' => '1,2',
'more_subcategories' => '53,66,15',
'latitude' => '',
'longitude' => ''
),
'Category' => array(
'id' => '2',
'name' => 'For Sale',
'image' => '57854_ser.png',
'status' => '1',
'parent_id' => '0',
'slug' => 'for-sale'
),
'SubCategory' => array(
'id' => '66',
'name' => 'Home Decoratives',
'status' => '1',
'image' => '',
'parent_id' => '2',
'slug' => 'home-decoratives'
),
'User' => array(
'id' => '522717',
'first_name' => 'Magnific',
'last_name' => 'Fans',
'plan_id' => '1',
'start_time' => '1690347679',
'end_time' => '2005707679',
'payment_status' => '1',
'notes' => '',
'email_address' => 'Magnificfans123@gmail.com',
'contact' => '8041327081',
'profile_percentage' => '50',
'status' => '1',
'ip' => '103.75.156.84',
'created' => '2023-07-26 05:01:19'
)
),
(int) 2 => array(
'Classified' => array(
'id' => '135855',
'user_id' => '526060',
'title' => 'Buy Premium-Quality Best Core i5 Laptop and Mini PC in Bangladesh',
'classified_category_id' => '1',
'subclassified_category_id' => '14',
'location' => 'Dhaka, Bangladesh',
'currency' => 'USD',
'price' => '430.00',
'description' => 'Experience the Future of Computing With a Wide Range of Powerful Core i5 Laptops and Mini PCs in Bangladesh. Core i5 Laptop is a leading laptop and mini PC brand that is revolutionizing the technology landscape in Bangladesh. We understand the dynamic and fast-paced nature of Bangladesh's freelance and student communities. Our laptops are meticulously crafted to deliver exceptional performance, reliability, and versatility, enabling freelancers and students to excel in their endeavors. Dedicated to empowering Bangladeshi freelancers and students. Embrace the Future Today With it and Shop Now and Get Free and Fast Delivery.',
'image' => '',
'extra_fields' => '[]',
'status' => '1',
'created' => '2023-08-11',
'modified' => '2023-12-27',
'slug' => 'qbits-sigma-15-laptop-best-in-bangladesh',
'ip' => '103.213.238.103',
'website' => 'https://www.myqbits.com/',
'view_count' => '198',
'more_categories' => '7',
'more_subcategories' => '138',
'latitude' => '',
'longitude' => ''
),
'Category' => array(
'id' => '1',
'name' => 'Electronics',
'image' => '454ea_ser.png',
'status' => '1',
'parent_id' => '0',
'slug' => 'electronics'
),
'SubCategory' => array(
'id' => '14',
'name' => 'Computers & Laptops',
'status' => '1',
'image' => '',
'parent_id' => '1',
'slug' => 'computers-laptops'
),
'User' => array(
'id' => '526060',
'first_name' => 'Core i5',
'last_name' => 'laptop',
'plan_id' => '1',
'start_time' => '1691756800',
'end_time' => '2007116800',
'payment_status' => '1',
'notes' => '',
'email_address' => 'qbitslaptop@gmail.com',
'contact' => '01748937412',
'profile_percentage' => '0',
'status' => '1',
'ip' => '103.213.238.139',
'created' => '2023-08-11 17:56:40'
)
),
(int) 3 => array(
'Classified' => array(
'id' => '135860',
'user_id' => '471855',
'title' => 'Are Stepchildren Treated The Same As Children If You Don’t Make A Will Or Trust?',
'classified_category_id' => '7',
'subclassified_category_id' => '124',
'location' => '402 W Broadway Suite 400 - B, San Diego, CA, USA',
'currency' => 'USD',
'price' => null,
'description' => 'According to the most recent census 40% of families in the US are blended, with at least one partner having a child from a previous relationship. In many cases, stepparents treat their stepchildren as their own. Perhaps they have been a part of each other’s lives from a young age, or perhaps the stepchild was already an adult when the stepparent arrived on the scene. I have worked with numerous families where the bond between stepparent and stepchild is unbreakable. But what does the law say? If you die without a will leaving behind natural children and stepchildren, all of whom you adore, will the stepchildren be entitled to inherit from you? To the surprise of many, the answer is that except in very limited circumstances, stepchildren will not inherit from a stepparent who died without a will or trust.
Are Stepchildren Treated The Same As Children If You Don’t Make A Will Or Trust?
The typical, and very sad, inquiry that we receive is from someone in their 40s or 50s whose stepfather has just died. The stepfather had been married to the caller’s mother for many years. After the caller’s mother died, the house that mother and stepfather owned together became the sole property of the stepfather. One or more of the stepchildren have been living in the house. The reason the stepson is calling us is because his stepfather’s brother, a man no one in the family has heard from in decades, has opened probate and is claiming to be entitled to inherit the house on the basis that he is stepfather’s sole surviving blood relative. The stepson is invariably devastated when we tell him there is nothing we can do.
When a person dies without a will in California, the laws of intestacy kick in. These rules are complex but, in general, if the decedent had a spouse and and all property is community property, the spouse will inherit everything. If the decedent also had separate property, the spouse will inherit some or all of that separate property, depending on whether the decedent also had children, parents or siblings living at the time of his death. How that separate property is divided between the surviving spouse and the surviving blood relatives will be determined based on the number of blood relatives there are, amongst other things. If the decedent had no spouse but did have children, the children will inherit equally. Importantly, the definition of children includes adopted children, but not stepchildren.
Are there any circumstances in which a stepchild could inherit? In certain circumstances where the decedent passed away without any blood relatives, it is possible for the stepchildren to inherit. In addition, stepchildren may also inherit where:
The relationship between the stepchild and the stepparent began when the stepchild was still very young, and they continued that relationship throughout their lifetimes; and
The stepparent intended to adopt the stepchild but faced legal challenges, such as pushback from the child’s other biological parent.
The evidentiary burden is almost insurmountable here, particularly in the case of the second bullet listed above. That is why, for all intents and purposes, stepchildren will not inherit from their stepparent, even if their relationship was akin to parent and child.
Because of the hard line taken by the law in this area, the only way to ensure that your stepchildren will inherit from you is to make an estate plan that includes them. Making a will would ensure that the people you choose will inherit your assets. Creating a revocable trust would have the same effect, but with the added benefit of allowing the family left behind to avoid having to deal with the probate court process. If you don’t make your own plan, the State of California will impose its plan on your family. As you can see, that may well lead to a result that you would never have chosen.
',
'image' => '',
'extra_fields' => '[]',
'status' => '1',
'created' => '2023-08-21',
'modified' => '2025-02-27',
'slug' => 'are-stepchildren-treated-the-same-as-children-if-you-don-t-make-a-will-or-trust',
'ip' => '37.221.173.247',
'website' => 'https://www.SanDiegoProbateAttorney.com/',
'view_count' => '83',
'more_categories' => '10',
'more_subcategories' => '174',
'latitude' => '32.8736793',
'longitude' => '-117.2150154'
),
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'id' => '7',
'name' => 'Services',
'image' => '19892_ser.png',
'status' => '1',
'parent_id' => '0',
'slug' => 'services'
),
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'id' => '124',
'name' => 'Financial & Legal Services',
'status' => '1',
'image' => '',
'parent_id' => '7',
'slug' => 'financial-legal-services'
),
'User' => array(
'id' => '471855',
'first_name' => 'Daniel',
'last_name' => 'Weiner',
'plan_id' => '1',
'start_time' => '1665502648',
'end_time' => '1697038648',
'payment_status' => '1',
'notes' => '',
'email_address' => 'dweiner@weinerlegacylaw.com',
'contact' => '8583338844',
'profile_percentage' => '65',
'status' => '1',
'ip' => '217.138.217.83',
'created' => '2022-10-11 21:07:28'
)
),
(int) 4 => array(
'Classified' => array(
'id' => '135861',
'user_id' => '471855',
'title' => 'Lisa Marie Presley’s Trust Is Being Challenged: What Lessons Can We Learn?',
'classified_category_id' => '7',
'subclassified_category_id' => '124',
'location' => '402 W Broadway Suite 400 - B, San Diego, CA, USA',
'currency' => 'USD',
'price' => null,
'description' => 'The recent death of Lisa Marie Presley has already led to discord within the family. As is the case with so many famous families, that discord is centered around her Last Will and Testament and other estate planning documents. Last Friday Priscilla Presley filed a contestation claim against the estate regarding the authenticity and validity of Lisa Presley’s 2016 trust amendment. The amendment removed Priscilla Presley and Barry Siegel as co-trustees, replacing them with Lisa Presley’s children, Riley Keough and Benjamin Keough. Notice was not provided to Priscilla as required under the trust, nor was the amendment notarized, as is customary for trust amendments in California.
It is not uncommon for families to attempt to contest wills and trusts. While there is no doubt more to be revealed in relation to the Presley case, there are some lessons that can be drawn from what we know so far:
Signing Formalities:
Unlike a Last Will and Testament, there is no requirement to sign a trust or trust amendment before a notary or witnesses. Nevertheless it is common in California for trusts to be notarized. If someone were to contest your documents, a notary can testify that (1) you signed the document, (2) there was no apparent undue influence, i.e., you were signing of your own free will, and (3) you were aware of what you were signing. When a trust is not notarized, family members wishing to challenge the validity of the trust will have one less hurdle to overcome.
Professional Fiduciaries:
A key priority for many clients is reducing the risk of family conflict upon their death. The question of who to select as trustee is one of the most important when structuring a trust. The trustee has control over all trust assets and is charged with administering the trust in accordance with its terms. Acting as trustee is a serious role and trustees can be personally liable for failing to discharge their duties as trustee. In some cases family members are an appropriate choice to perform the role, but often the use of a professional fiduciary is a better choice. A professional fiduciary is usually an independent third party experienced in navigating a trust’s legal and administrative complexities. In California, there is a licensing regime for professional fiduciaries. Using a neutral party, you can minimize the risk that certain beneficiaries will be favored over others and ensure that an impartial person with the proper expertise is managing your trust in accordance with your wishes for the benefit of your loved ones.
Unusual gifts:
if you are likely to disinherit a family member or leave your estate to a charity, your choice is likely to raise some eyebrows in your family. One important step for your planning is preparing a separate letter of intent signed and designed by you. The separate letter of intent can then be included with your estate planning, further explaining why you have determined to distribute your inheritance in such a manner. The letter can also be used as evidence should someone question your trust’s validity.
One of the lessons of the Presley case is that when it comes to estate planning, following the technical requirements of the law is not sufficient to create an effective estate plan. An effective estate plan is one that does more than merely create legally valid documents; it prevents conflict within the family and is robust enough to withstand challenges by family members. Analyzing and anticipating how conflict may arise within the family and building safeguards into the estate plan is at least as important as creating legally valid documents.
',
'image' => '',
'extra_fields' => '[]',
'status' => '1',
'created' => '2023-08-21',
'modified' => '2025-02-27',
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'description' => 'The matriarch of the family, Betty, dies aged 92 leaving behind a $3 million estate. Thirty years earlier Betty had worked with an attorney to create a revocable living trust. The trust provided that each of her three children would share equally in her estate. Six weeks before she died, Betty amended her trust so that two of her children would receive $50,000 each and the remainder of her estate would go to her oldest child, who had been living with her and acting as her carer for several years before she passed away. The two children who have effectively been disinherited are sure that their mother would not have knowingly treated them in this way. They believe they had always had a solid relationship with their mother, although in recent years the oldest son had made it difficult for them to visit their mother as often as they would have liked to.
This is a surprisingly common scenario. The first instinct of the younger children is invariably to seek to challenge the validity of the trust amendment on the basis that something nefarious has occurred. Did the oldest son bring to bear such pressure on his mother such that the amendment could be deemed the product of undue influence? As her health deteriorated and she was taking strong medication for pain relief, could Betty be said to have been of sound mind when she executed the trust amendment leaving the bulk of her assets to her oldest son?
Clearly there are various avenues that could be pursued to challenge the validity of the trust amendment. However, the trust contained a “No Contest” clause. This is a clause that prohibits a beneficiary from receiving a gift under a will or trust that they would otherwise receive had they not decided to contest the will or trust. In this case, if the two younger children challenge the validity of the trust amendment and lose that case, they will not receive the $50,000 they would otherwise have received. Had Betty’s trust left them with nothing, the no contest clause would not have been a deterrent to filing suit because they had nothing to lose. However, $50,000 is a substantial enough sum that it will cause the younger children to give serious consideration as to whether they want to file a lawsuit.
One important element that the children have in their favor is that, under the California Probate Code, even if they file a lawsuit and lose, they will not forfeit their $50,000 gifts if they had “probable cause” for contesting the trust. Probable cause is defined in Probate Code section 21311(b): “probable cause exists if, at the time of filing a contest, the facts known to the contestant would cause a reasonable person to believe that there is a reasonable likelihood that the requested relief will be granted after an opportunity for further investigation or discovery.”
There is much to unpack in this definition of probable cause, but the key point is that it severely limits the effectiveness of no contest clauses. In a fact pattern such as this one, it seems likely that the younger children would be able to show probable clause for filing a lawsuit, even if they ultimately lose the case. Note that they do not need to be in possession of all the facts and evidence at the time they file the lawsuit. They just need to be aware of sufficient facts and circumstances that, if investigated further, could lead to the discovery of additional facts that would make it reasonable to file a lawsuit.
One other point to note for beneficiaries seeking to challenge the validity of a will or trust that contains a no contest clause: time is of the essence. A recent California Court of Appeal opinion held that the “probable cause” exception would not be available in cases where the statute of limitation has run. After the creator of a trust has passed away, the successor trustee will serve notice on potential beneficiaries advising them that they have 120 days within which they must challenge the validity of the trust. If a beneficiary files a lawsuit outside of this 120 day period and loses, the beneficiary will not be able to rely on the probable cause exception. He would therefore lose the case, as well as any inheritance he had been left in the trust.
Many aggrieved beneficiaries are understandably nervous to bring a lawsuit challenging the validity of a will or trust where the document contains a no contest clause. However, California law aims to strike a balance between discouraging weak contests and ensuring that legitimate claims can prevail. As a result of the “probable cause” safe harbor, no contest clauses are a significantly less effective deterrent to filing a lawsuit than is widely believed to be the case.',
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'description' => 'Can I Avoid The Probate Court Process After The Passing Of A Loved One?
Much of the work that we do at our firm focuses on helping people to put in place comprehensive estate plans that prevent loved ones from having to deal with probate after the death of a family member. By analyzing each family’s asset profile and providing guidance as to how to transfer ownership of their assets to the trust, or re-designate beneficiaries, our goal is to ensure that all trusts that we create keep the family out of court. However, we are often contacted by people who have just lost a loved one. The person who passed away either did not create a trust, or did create a trust but never got around to transferring ownership of their assets to that trust. It falls to us to break the news that accessing the assets of the person who passed away is not going to be possible without first going through the grueling probate court process. In California this can easily take 18 months or longer. At a time when families are grieving, this is the last thing they should have to deal with.
To commence the probate process, the first step is to ascertain whether or not there is a will. If there is, the people specified in the will will inherit the assets. The will also names the executor, often a close relative of the person who passed away. A petition must then be filed with the court to have that person appointed as executor. If there is no will, anyone can petition the court to be the executor, but priority is given to the closest relatives. Preparing legal documentation and making court appearances often prove overwhelming for grieving families; this is where we are able to step in to take the strain.
Some common scenarios where the Executor of the Estate will often need attorney support during the course of the probate proceedings:
Sale Of The Property
It is often the wish of the Executor and other beneficiaries to sell the real estate owned by the person who passed away (the decedent). Appraisals need to be conducted and court approval may be needed, depending on the circumstances. The requirements of the Probate Code must be followed when contemplating the sale of real estate that is subject to probate.
Family Members Living In The House
Whether or not the intention is to sell the decedent’s real estate, complications can arise where a family member is living in the decedent’s house. It may be that this family member was the decedent’s caregiver, though this is not necessarily the case. Questions often arise as to who is going to pay the mortgage and other house related costs and expenses. If the person living in the house cannot afford to pay these costs, the Executor may choose to pay them and then get reimbursed from the Estate. In some cases, the Executor may wish to have the family member removed from the property. Record keeping is critical in this situation, as is clear communication between the Executor and the family member living in the house. It is important that the Executor is clear as to what he or she can and cannot do from a legal standpoint.
Reverse Mortgages
Real property that is subject to a reverse mortgage requires special care and attention during the probate process. If the family intends to pay off the mortgage with the sale proceeds, lenders will typically require that the house is sold within a maximum of one year from date of death. Keeping to that timeline while also navigating the probate process and keeping the lender informed along the way is often a balancing act for the Executor.
Distributing Personal Property
In the absence of specific instructions in a will, the Executor is ultimately responsible for deciding how to equitably distribute personal property, such as jewelry, to the beneficiaries. This is an aspect of the probate process that can become contentious, as family members reveal unexpected fondness for one item or another. Executors need to ensure that beneficiaries are treated fairly during this process.
The legal duties imposed on Executors in California are extensive. They must ensure that creditors and taxes are paid; they must gather up the assets of the decedent and transfer those assets to the correct beneficiaries as required by the will or by law; they must keep beneficiaries reasonably informed as to how the probate process is progressing. Executors are responsible for protecting the best interests of the beneficiaries. In California, Executors are held to a strict fiduciary duty. That means that the way the Executor administers the estate must be fair, honest, impartial, and of benefit to the heirs of the estate, not to the Executor. Executors that fail to discharge these responsibilities as required by law can be held personally liable. Traps for the unwary abound. Our role is to help Executors to avoid those traps.
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'description' => 'How to Reduce Taxation If I Sell My Real Estate
Stock prices may be down, but real estate is proving more resilient. Many owners of real estate are considering selling for all manner of reasons. Some are looking at the economic headwinds and wondering if the market has peaked, at least for the foreseeable future. Whether the real estate was purchased a long time ago or fairly recently, the value of your property is likely significantly higher than when you purchased it. That warm feeling often proves fleeting, however, as the conversation inevitably pivots away from examining the large increase in value towards the enormous tax bill that would accompany any sale of the property. “Is there anything we can do?”, said every property owner.
As a matter of fact there is. Using certain charitable trust structures, the property can be sold without paying tax on the gain. Charitable Remainder Trusts and Charitable Lead Trusts are the two most common structures used for this purpose.
Charitable Remainder Trusts (CRTs) are irrevocable trusts into which the owner transfers property. The property is then sold and replacement assets are purchased with the proceeds. The owner retains the right to receive income from the trust. Income can be paid to the owner, his or her spouse, children, or anyone else. At the end of the term specified in the trust, which may be the trust creator’s lifetime, for example, any assets remaining in the trust will go to whichever charity was chosen by the trust creator. No capital gain tax is paid when the property is sold within the CRT. In fact, the trust creator is able to claim a tax deduction that will allow you to reduce your adjusted gross income by up to 30%.
Charitable Lead Trusts (CLTs) work similarly, except that the owner contributes property to the trust and gives one or more charities (rather than the owner) an income interest in the trust for a period of time. At the end of the term specified in the trust, assets in the trust will transfer back to the non charitable beneficiaries (ie the owner or his or her family members). This structure is popular with those families who do not need to receive income from the trust assets, or who want to see the charitable benefits during their lifetime.
One of the concerns where a CRT is used is that charities will ultimately inherit the assets in the trust instead of children or other family members. Sometimes it is appropriate to address this concern with life insurance planning. Life insurance could be purchased to replace the assets that the children would otherwise have received. If the family could potentially be subject to estate tax, it is important to purchase the life insurance in the name of an irrevocable trust. This ensures that the life insurance proceeds will pass to heirs free of tax.
Which families are subject to estate tax? Currently an individual can leave behind $12 million (and a married couple $24 million) and the family will not have to pay any estate tax. If the assets left behind exceed those amounts, tax is payable on the surplus, currently at a rate of 40%. These thresholds are scheduled to be cut (approximately) in half at the beginning of 2026, bringing many more families into the estate tax net. This is relevant when considering whether to use the charitable trust structures outlined above. In addition to income tax benefits, transferring assets to charitable trusts can, depending on the structure used, also remove those assets and any appreciation thereon from being subject to estate tax.
If you are thinking of selling highly appreciated assets there is no one size fits all. Every situation is unique. However, there are certainly options that can be explored.
San Diego Probate Attorneys
12626 High Bluff Dr Suite 440,
San Diego, CA 92130
(858) 333-8844',
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),
'User' => array(
'id' => '522717',
'first_name' => 'Magnific',
'last_name' => 'Fans',
'plan_id' => '1',
'start_time' => '1690347679',
'end_time' => '2005707679',
'payment_status' => '1',
'notes' => '',
'email_address' => 'Magnificfans123@gmail.com',
'contact' => '8041327081',
'profile_percentage' => '50',
'status' => '1',
'ip' => '103.75.156.84',
'created' => '2023-07-26 05:01:19'
)
)
)
$listtype = 'list'
$page = '2493'
$subcat2 = '2493'
$cat1 = '... <'
$separator = ''
$city = ''
$canonical = 'https://classifieds.dealerbaba.com/... <'
$cityList = array()
$statesList = array(
(int) 1 => 'Andaman and Nicobar Islands',
(int) 2 => 'Andhra Pradesh',
(int) 3 => 'Arunachal Pradesh',
(int) 4 => 'Assam',
(int) 5 => 'Bihar',
(int) 6 => 'Chandigarh',
(int) 7 => 'Chhattisgarh',
(int) 8 => 'Dadra and Nagar Haveli',
(int) 9 => 'Daman and Diu',
(int) 10 => 'Delhi',
(int) 11 => 'Goa',
(int) 12 => 'Gujarat',
(int) 13 => 'Haryana',
(int) 14 => 'Himachal Pradesh',
(int) 15 => 'Jammu and Kashmir',
(int) 16 => 'Jharkhand',
(int) 17 => 'Karnataka',
(int) 18 => 'Kenmore',
(int) 19 => 'Kerala',
(int) 20 => 'Lakshadweep',
(int) 21 => 'Madhya Pradesh',
(int) 22 => 'Maharashtra',
(int) 23 => 'Manipur',
(int) 24 => 'Meghalaya',
(int) 25 => 'Mizoram',
(int) 26 => 'Nagaland',
(int) 27 => 'Narora',
(int) 28 => 'Natwar',
(int) 29 => 'Odisha',
(int) 30 => 'Paschim Medinipur',
(int) 31 => 'Pondicherry',
(int) 32 => 'Punjab',
(int) 33 => 'Rajasthan',
(int) 34 => 'Sikkim',
(int) 35 => 'Tamil Nadu',
(int) 36 => 'Telangana',
(int) 37 => 'Tripura',
(int) 38 => 'Uttar Pradesh',
(int) 39 => 'Uttarakhand',
(int) 40 => 'Vaishali',
(int) 41 => 'West Bengal'
)
$subcategories = array()
$catid = null
$categoryInfo = array()
$dtMetaData = array(
'meta_title' => 'Post Free Classified in | Indian ads',
'meta_desc' => 'Post Classified ads in India at free classified ads posting website Dealerbaba. Post Classified ads for ',
'meta_keywords' => 'Post classified in '
)
$title_for_layout = 'Post Free Classified in | Indian ads'
$categories = array(
(int) 4 => 'Automobiles',
(int) 11 => 'Community',
(int) 9 => 'Education',
(int) 1 => 'Electronics',
(int) 2 => 'For Sale',
(int) 6 => 'Health',
(int) 10 => 'Jobs',
(int) 8 => 'Pets and Animal',
(int) 3 => 'Real Estate',
(int) 7 => 'Services',
(int) 5 => 'Tour & Travels'
)
$metaTags = array(
'Metatag' => array(
'id' => '110',
'page_name' => 'classifiedhome',
'meta_tag' => 'Local Classifieds, Online Classifieds, Post Free Ads, Best Classified Websites, Free Classifieds In India, Free Classified Ads, Classified Ad Sites, Classifieds In India, Post Free Classified Ads, Local Classified Ads, Free Local Classified Ads',
'meta_desc' => 'Find and post free classified ads in India for properties, jobs, cars, tour & travels, furniture, Mobiles, electronics & appliances, healthcare and more for sale in India. Dealerbaba classified is a Free Local classifieds ads posting website in india',
'meta_title' => 'Post Free Classified ads India | Local Classifieds ads',
'meta_robots' => 'index, follow',
'slug' => 'classifiedhome',
'created' => '2018-01-19 11:28:22',
'modified' => '2018-01-19 11:28:22'
)
)include - APP/View/Elements/classifieds/listing.ctp, line 23
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::_renderElement() - CORE/Cake/View/View.php, line 1224
View::element() - CORE/Cake/View/View.php, line 418
include - APP/View/Classifieds/listing.ctp, line 71
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 96
