A: It depends. Under California law, the inheritance is initially considered separate property and would not be subject to an equal split in the event of a divorce. However, if you commingle the money by using it to create a joint bank account, a joint property or any...
Estate Planning
Q: My partner and I are not married and do not plan to marry. Can we still benefit from an estate plan?
A: Yes! As an unmarried couple, it is important for you and your partner to each create an estate plan because the law does not grant unmarried couples who are not legally registered domestic partners the right to inherit from their partner's estate or priority in...
Q: My partner and I are not married and do not plan to marry. Can we still benefit from an estate plan?
A: Yes! As an unmarried couple, it is important for you and your partner to each create an estate plan because the law does not grant unmarried couples who are not legally registered domestic partners the right to inherit from their partner's estate or priority in...
Q: I own a business and a home. Should I still have a living trust even if I am unmarried and don’t have any children?
A: Absolutely! In California, a living trust is vital for those without direct heirs to bypass the probate process, ensuring assets like real estate or businesses are efficiently transferred to chosen beneficiaries. It's an effective way to control your estate's...
Q: Why might it be better for me to completely restate my trust versus simply amending it?
A: Imagine your trust as a storyline shared with your heirs and beneficiaries. With a complete restatement of your trust, only the latest version—your final narrative—gets shared after you're gone, ensuring a single, streamlined story. This approach contrasts sharply...
Q: Is there any way my kids can avoid probate if I DON’T use a living trust to transfer my home?
A: You're in luck! California's Revocable Transfer on Death Deed (RTODD) offers a cost-effective shortcut to leave your home directly to your heirs, bypassing the expensive and lengthy probate process. Depending on the individual circumstances of each client, this...
Q: My child will be 18 soon, but I do not feel like he is ready to manage an inheritance well if my spouse and I pass unexpectedly in the near future. How can this be addressed in our estate plan?
A: This is a common concern and it can be addressed well with proper estate planning. When you and your spouse create a trust, you will choose at what age or ages your child will receive the assets of the trust after you have passed away. You will also nominate a...
Q: Do I still “own” my house if there is a mortgage on it?
A: Yes you do! And more importantly, without a trust, the probate laws of California would not only consider you the owner of the property at your death, but would also charge your heirs probate fees based on the fair market value of the home and NOT on the amount of...
Q: My spouse and I have been married for many years, and I am out of gift ideas for Valentine’s Day. Any suggestions?
A: Yes - chocolates and an estate plan! Creating a comprehensive estate plan will give you and your spouse peace of mind regarding your end of life wishes and avoid the expense of probate or emergency planning in the future. Happy Valentine's Day!
Q: Can a will literally written on a napkin actually be valid?
A: Yes! The only requirements for a holographic will to be valid are that 1) the material provisions of the will are in the testator's hand-writing (the person writing the will) and that 2) the will is signed by the testator. In fact, per the probate code...