Wineries, especially when kept as family businesses, are expected to incur high rates if they don’t adjust their tax plans now. California is anticipating a tax season with hikes that all farmers should be aware of. If your land is a part of your business, then estate...
Estate Planning
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...
How to plan your estate as new parents in California
New parents have a lot on their minds already, so the last thing they might want to think about is estate planning. However, estate planning becomes even more important when people become parents. Estate planning ensures that your children are taken care of in the...
Q: If my mom and dad purchased their home in 1981 and are on title as joint tenants, what can they do to reduce the taxes the survivor would have to pay if they ever decided to sell the property?
A: Your mom and dad should not only create a trust, but should also sign a Community Property Agreement. In California, which is a community property state, confirming their assets as community property could save the surviving spouse as much as six figures in taxes...
Q: Is there any way for me to amend my A/B after my spouse has died?
A: Fortunately, this CAN be done, and it can even be done privately and without having to go to court. The important thing is that the surviving spouse and ALL of the beneficiaries of the B Trust must sign and notarize an “Agreement of the Beneficiaries” in order to...
Estate planning for those with blended families in California
Creating a will that details your final wishes requires that you consider all of your heirs and loved ones. And while this process can be an emotional one, it can become even more difficult for those with large, blended families. To help you better prepare to get your...
Q: I am the successor trustee of a trust. Do I really need to hire an attorney to represent me as trustee?
A: You should strongly consider hiring an experienced trusts and estates attorney. Whether you are the acting successor trustee during the lifetime of the person who created the trust or after he or she has passed, you have a number of fiduciary duties to fulfill and...
Q: If I transfer my house into a living trust, will my property taxes get reassessed?
A: Not at all! California law unequivocally states that if a couple or single person transfers their residence (or any real property for that matter) into a revocable trust that they created, the property taxes will not be reassessed. In fact, the only document that...




