Understanding the Due on Sale Clause in California Estate Planning
Real estate often plays a central role when creating an estate plan in California. Given the state’s high property values and unique legal landscape, ensuring a smooth transfer of property to your heirs is critical. One often overlooked issue in estate planning is the Due on Sale Clause in mortgage agreements. Understanding how this clause applies—and how to navigate it within the context of California’s laws—can protect your estate and your loved ones. What is the Due on Sale Clause? The Due on Sale Clause is a standard provision in mortgage agreements that allows the lender to demand full repayment ... Read More
Protecting Your Legacy: The Case for Encouraging Adult Children to Establish a Separate Property Trust
As parents, ensuring the protection and preservation of our hard-earned assets for future generations is often a top priority. However, traditional estate planning may not adequately safeguard your legacy in certain circumstances, particularly when it comes to your adult children and the potential complexities of their marital status. That's where the concept of separate property trusts comes into play, offering a strategic solution for your children to maintain control over their inheritance despite external factors such as divorce, meddling in-laws, and creditors. Here at Botti & Morison, we understand the importance of implementing comprehensive estate planning strategies tailored to your ... Read More
