Estate Planning

Q: I recently married, and I own a house and an investment account as my separate property. Will these assets pass automatically to my spouse after my death?

A: Not necessarily! Your spouse may only receive one-half or one-third of your estate when you die if you do not have a will or trust in place that specifies how the assets of your estate will be distributed. Under California law, the proportion of your separate...

Q: My husband and I have 2 adult children (a son and a daughter) and we own 2 properties (our home and a rental); should we just leave one of the properties to our son and the other one to our daughter?

A: You can, but be aware that setting up your trust this way could lead to some seriously unintended negative consequences! For example, if you ever sell one of the properties and then you either forgot to (or were unable to) update your trust thereafter, you will...

Q: In my original trust, I included a $10,000 cash gift to my nephew, but now I want to write him out. If I pass away, will he ever find out that I had included him but then changed my mind?

A: It depends! If you merely amend that distribution section to eliminate him from your trust, then by law he will be entitled to a copy of both the original trust and the amendment.  However, to avoid this scenario, we often counsel clients in similar situations to...

Q: My dad recently died with a will leaving everything he owned to me as his only child, but he named his girlfriend as a beneficiary on a savings account with over $25,000 in it. Who has the legal right to that money?

A: Unfortunately, Probate Code Section 5302(b)(2) is very clear that in this case, the named beneficiary on the savings account (the girlfriend) will inherit ALL of the sums therein, even if the decedent had a will naming a different beneficiary (the child). Estate...