Brian Wyatt Legal

trusts & estates
special needs planning

Sacramento Magazine Features Sacramento Special Needs Trust Attorney Brian Wyatt and Clients

~November 16th, 2016

Sacramento magazine just published an article about some of our clients and the estate planning we do for families with special needs.  More than half of our clients have loved ones with disabilities.  It’s a great privilege to take care of these important people, giving them peace of mind and providing a place to go when parents  Read more…

Sacramento Limited Conservatorships Lawyer Brian Wyatt Interviewed By Dandelion Magazine

~August 14th, 2012

I want to thank Dandelion Magazine, which is published for parents of children with disabilities, for the opportunity to discuss limited conservatorships in this fall’s issue.  Because conservatorships are such complicated undertakings, parents naturally have a lot of questions about them.  The article, which you can access by clicking here, does a good job introducing  Read more…

Our Living Trusts Avoid Probate in Ways Other Estate Plans Do Not

~March 20th, 2012

One of the reasons my trust and estates practice has flourished when others have floundered is that we don’t cut corners.  I take the time to help our clients make the right legal decisions.  Then I make sure that their living trusts reflect those good choices by drafting the documents myself, by putting my own  Read more…

Who Should Be Trustee of a Special Needs Trust?

~February 10th, 2011

Clients and other attorneys regularly ask me who can be the trustee of a Special Needs Trust.  The quick answer is that it cannot be the person with a disability (i.e., the beneficiary) or their spouse.  The law effectively prohibits it.  If we were to make the beneficiary or their spouse trustee, the funds held  Read more…

Using a Trust Protector Will Supercharge Your Estate Planning

~January 28th, 2011

When you establish a trust, one of the biggest decisions you make is who will serve as trustee if you become ill or pass away. You must be able to rely on your successor trustee to follow your instructions, manage trust assets as a reasonably prudent person, make appropriate distributions and avoid even a hint of self-dealing. In my experience, most successor trustees do just fine, especially when they are represented by a competent trust administration attorney. But what if your successor trustee isn’t up to the job? What if they go rogue when you’re not there to do something about it? That’s when using a trust protector can really give you tremendous peace of mind.

New Law Means 2011 Could Be Time To Review Your Living Trust

~January 27th, 2011

Laws change, families change, and your needs and interests change. Sometimes your estate plan should change accordingly. A deal just struck in Washington, D.C., could be a good reason to make sure your estate plan still works the way you want.

Channel 10 Interviews Attorney Brian Wyatt about Special Needs Trusts

~January 4th, 2011

Brian Wyatt appeared on Channel 10’s Sacramento & Company on September 29, 2011.  He discussed estate planning for families of people with disabilities.  To view the video, please click here.

Why Having An Up-to-date Living Trust Is So Important

~February 25th, 2010

A living trust is essential for nearly every Californian with more than $25,000 in real estate or $100,000 in other assets. That’s because, unlike a simple will, your living trust can protect you if you become too ill to manage your financial affairs. It can also save your loved ones from the expensive hassle of  Read more…

Why 2010 Means Trouble for Many Living Trusts

~February 17th, 2010

You may have heard that 2010 is the year without an estate tax. It’s caused some people to suggest that if you have to pick a year to die, pick 2010.

Not so fast!

In the absence of the death tax this year, there is a substitute tax system that is likely to collect more money from more people upon their deaths. This one-year system will seriously impact the way they planned for their property to pass to their loved ones. To make things even more complicated, most living trusts aren’t equipped to deal with the 2010 rules.

Anyone who didn’t plan with an attorney who prepared for this year’s issues should have their trust reviewed and quite possibly restated.

Five Things Parents of Children with Special Needs Must Know about Estate Planning

~August 30th, 2009

If you have a child with special needs, there are some things you absolutely must know about estate planning. First, failing to plan will jeopardize any needs-based government benefits your child receives. That’s because California law (i.e., the laws of “intestacy”) will determine how much your child gets from your estate. Think of everything you  Read more…

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