Law Office of Jennifer Thaete, PC

05/30/2026

This article is a couple of year old now - still a Good Reminder

A 76-year-old retired lawyer lost almost all of his retirement savings after he was duped into thinking he was assisting an investigation.

05/20/2026

I had Court this morning to close a PROBATE case.

The decedent did not own any real property.

The decedent HAD a will.

The only reason WHY a probate ended up happening?

The decedent did not name beneficiaries on their retirement account!!!!!

IF you are unclear on IF you need an "estate plan", if you should have a Will or Trust - or BOTH - then you should consider attending an educational workshop to learn about your options, the pros and cons, and the consequences of NOT properly planning.

Sharing a simple explanation of what a will IS, that I have shared many times on this page. Linking a picture of the Alameda County Probate Court for the interwebalgorerithm...

IF you want to attend a local to Livermore in person educational presentation - I will post links to my upcoming events in the comments. Happy Wednesday!!! Jen

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What is a Will??

A will is a legal document that usually includes the following information:

WHO your family is.

WHO you want to leave your estate/assets to when you die.

WHO you would put in charge as your executor to handle what ever process will be needed at that time - ie who will settle your affairs - settle your estate...

WHO you would name as guardians if you have minor or disabled children.

You sign your will.

IF you hand wrote the will – then that along with your signature is sufficient for it to be valid as a holographic will.

IF you or an attorney “typed” the will then it needs to be witnessed by two adults who have no connection to what the will includes.

You must sign the will in their presence and they need to sign at that time...

The NUMBER ONE thing you need to know about a WILL is that it has NO legal effect until the DAY YOU DIE.

The SECOND thing you need to know about a WILL is that it only controls the assets that you held in your name only – with no beneficiary designation...

AND in CA if the Gross Fair Market Value of the assets that the WILL will control is $208,500.00 or More…

The WILL will have to go through PROBATE.

SO – the Number Two thing you need to know about a WILL is that the WILL itself DOES NOT avoid PROBATE – it simply tells the Probate Court WHO you wanted in charge AND when Probate is finished WHO you wanted to benefit…

A WILL is an important document & necessary document –
BUT it can’t help you in your lifetime AND it itself never avoids court…

04/22/2026

We Are HIRING!!! Are you the Right Fit to join our team?

Immediate Opening: Full-Time Front Desk Coordinator

Schedule: Full-time: Monday–Friday, in office

Compensation is negotiable and based on experience, starting at $22.00 an hour

Benefits include paid vacation and holidays, 401(k) with safe harbor contribution, health insurance or alternate FSA contribution

The Ideal Candidate - Is someone who enjoys talking to people - on the phone and in person. Is someone who takes pride in their work. Is someone who wants to serve others. Helping people proactively protect their loved ones with their estate planning and helping people manage the processes after a death or incapacity. Reliability, Humility, Warmth, and a Professional Demeanor are characteristics of the ideal team mate.

If you, or someone you know, are interested in this NOW OPEN position - please apply by calling the office at 925-447-0134.

Contrary to the LinkedIn post - we are still looking for candidates.

04/20/2026

Always make your Future larger than you Learning!!!

Happy Monday!!!!!

What if challenges aren’t obstacles, but invitations?

When you shift your perspective, setbacks stop slowing you down and start moving you forward.

04/15/2026

Whether we like it or not - there is some truth to this famous (infamous?) quote by Benjamin Franklin.

While I think it is pretty certain none of us are going to make it out of here alive, there are SOME things we can do to minimize the uncertainty, and to minimize the negative consequences, of both Death and Taxes...

Last night we held the 4th public workshop of the year on Estate Planning: Trusts vs Wills.

IF you would like to learn how YOU can be proactive, and minimize the negative impact of settling your estate post death (or post incapacity for that matter) you may want to consider attending one of the future scheduled workshops.

There isn't very much in our control - but there are some things we CAN DO to make life easier for those we love and care about!

Links to upcoming events in the comments.

Picture from 2018 in Newport Beach!

04/03/2026

Our office is closed today in observance of Good Friday.

To all who celebrate, Happy Easter!

We will reopen Monday April 6, 2026 at 9:00 am.

03/18/2026

Contrary to today's calendar - you actually can't take it with you... ALTHOUGH many wish they could... 🤣

IF you would like to learn more about how to plan for your stuff when you are gone - in the likelihood you will not be able to reach down and take it...

I have just finished updating my website with the dates for my public workshops on Estate Planning through July.

02/23/2026

As we near the end of the Month of February - just a few days after some celebrated Valentine's Day - I will share this post I created a few years ago -

Married? Registered?? Legally Entwined???

Think that means you don't have to worry about having a will or trust???

First of all - it is important to know your true status - in the State of CA there isn't Common Law Marriage & living with another does not automatically create a legally recognized relationship.

Second - if you are actually married or legally registered with the state - you may be one of the many who hold the mistaken belief that if they are married, or legally registered, that when the first spouse dies that all assets automatically belong to the surviving spouse - that there would not be a need for court involvement.

This is in no way a given... I often have cases where only one spouse (or legal partner) has died - but in order to get the assets to the surviving spouse we had to go to court.

How assets are titled, what the underlying character of those assets is, and what their will or trust - or if they have neither - all comes in to play on whether or not the surviving spouse may have to go to court.

Additionally - depending on those factors - the assets MAY NOT automatically go 100% to the surviving spouse - for example if the deceased spouse has what is technically separate property just in their name and they do not have a will or trust - then the asset will be divided between the surviving spouse and the children of the deceased spouse.

This may or may not be the result the survivor or the decedent had in mind.

This is but one reason why people should not wait to do an estate plan - and even once they have that plan - they need to verify HOW their assets are titled to insure their plan will work as intended.

IF you are in a relationship - it would be wise to learn about the legal options to protect each other and to learn what the legal defaults are when no plan is put in place. My next public workshop on estate planning is going to be tomorrow night - February 24, 2026 at 6:30 pm at Las Positas College. You can call to register. IF you are interested in attending an upcoming event but aren't free tomorrow evening - I will link my events page in the comments.

Picture of my hubby and I for the interwebs....

02/18/2026

Transitions in life can be difficult.

Marriage, birth, death, moving, change of job, financial windfall/loss, etc.

There are many times in our lives where things change & big or small we "transition" - we adjust to learn a new way of life so we can move forward.

Change & the adjustment to those changes are easier for some people to handle than others.

ONE of the most difficult transitions we may face - is the transition from Adult Child to Parent Caregiver - or from Parent to Dependent Person.

Depending on which party you are - the child or the parent - this change is rarely completely smooth.

This transition can be easier for all involved with the following ideas kept in mind.

#1 - it will always be an easier situation when the "elder" party is "in charge".

Meaning - if it's a good idea for a relative to move in with mom or dad - or for mom or dad to move in with a child - Let that be the parents’ idea. Trying to force decisions on the older person is a key to failure & resentment.

#2 - it will always be an easier transition if the elder person has created a comprehensive estate plan. Have a conversation about the status, location & recentness of documents before a lack of capacity occurs.

Often people do not discuss this with one another.

Children may be afraid to inquire as to the existence of a trust, poas, etc. lest they seem greedy or waiting for the older person to kick the bucket.

The parent may be loath to approach the topic for fear of upsetting someone.

The reality is - if the topic is not broached until after the older person has lost the capacity to update or create their plan - it will be TOO LATE & that might mean going to court.

#3 - it will be easier if the family has open communication.

Ideally - the parent will have pre-thought about the possibilities of not being able to live independently and decided what types of living arrangements they would prefer. The parent will have thought about the ways to pay for the various expenses of aging & higher levels of care.

Ideally the family - assuming more than one child - will be able to communicate with each other about events that may be happening, illness, aging, money, etc. and still be civil & supportive of each other.

Ideally - the parent will be able to communicate with the child(ren) in advance of the need of what they would prefer & how it will be legally and financially possible.

SO - Communication & pre-planning on all sides can make a huge difference in how the transition from Parent to dependent person AND from Child to Caregiver goes down.

Preserving the older person's dignity and family harmony is not impossible with a little forethought.

01/15/2026

I haven't shared this post in many years.

Your debt will survive you! When a person passes away, their debts don’t magically disappear!

Debt that is secured - i.e. a mortgage on a house or a car loan on a car - will still be secured by that asset and the lender has all the same legal rights as they did during life. Including the ability to pursue foreclosure on a house or repossessing the car for lack of payment or default.

Other debts are against the decedent's estate generally. IE credit cards, medical bills, back taxes; child support; etc. Exactly how these will get dealt with will depend on each person’s total situation.

The main thing for the heirs/beneficiaries to do is to get ACCURATE legal advice to determine what (if anything) needs to be done and to avoid taking on personal liability.

Generally speaking even though the debt survives the death - it won't necessarily become the responsibility of the heirs/beneficiaries, UNLESS they 1) sign on to something and make it their responsibility/accept responsibility OR 2) they take the benefit of certain assets of the decedent without properly settling the debts, in those cases the creditors may be able to come after those heirs/beneficiaries, but only to the extent they benefited from the decedent's estate.

Exactly what assets can be attached by the creditors after death depends. Certain types of assets may be protected by law from a creditor or may be extremely difficult from a practical point of view for the creditor to pursue.

Bottom line - know that when you do pass away your various debts will survive you and exactly how they get dealt with will depend on a wide variety of factors including: the type of debt; if your estate has to go through probate or not; the types of assets you owned; among others.

Your loved ones should get legal advice before they pay anything, and they should never sign on to, or agree to become personally liable for debt that they are otherwise not responsible for.

If you carry a lot of debt you should consider the benefit of various life insurance opportunities. It can make all the difference in the world to your survivors - especially if you leave young children or other dependents behind.