A: Yes, but not without an estate plan. Under California’s intestate succession laws (Probate Code §§6400–6414), if you die without estate planning, the State decides who gets your assets. Your long-term partner isn’t on the list—they’re treated as a legal stranger....
A: When you create a trust, you’ll name a successor trustee. This is someone who steps in to administer the trust either because you have become incapacitated or you have passed. This person will manage and distribute your assets according to your wishes, so it’s...
A: Yes, potentially! Starting January 1, 2026, California is reinstating the Medi-Cal asset test for many programs. That means your mom’s eligibility could depend not just on her income, but on what she owns. The rule will limit countable assets to $130,000 for an...
A: Yes, you can! In California, two individuals can take title to real property as tenants-in-common, and in whichever percentages the owners agree on. For example, your brother could own a 75% interest as a tenant-in-common while you own a 25% interest as a...
A: Yes—and ideally, every 7–10 years at the most. Even if your wishes stay the same, older documents can be seen as “stale.” Banks, hospitals, and other institutions may worry that a newer version exists—one they haven’t seen—and could hesitate or refuse to honor the...
A: California offers a unique tax planning opportunity for married couples: the double step-up in capital gains basis. When one spouse passes away, both halves of a community property asset — including real estate — receive a step-up in basis to the fair market value...
A: Any time you open a new bank account that you want to include in your trust, be sure to title the bank account in your name as trustee of your trust. This will ensure that the account is administered as part of your trust estate and that it is not subject to...
A: In community property states like California, when one spouse passes away, the entire value of community property assets—like a home or investments—receives a step-up in basis to the fair market value at that time. This means: - No capital gains tax if the...
A: If the cars are registered with the California DMV, you won't have to do anything to change or update the pink slips. This perk is brought to us by Probate Code Section 13050(b)(1), which excludes any such cars from a decedent's probate estate!
A: You can choose either option! There may be valid reasons to pick multiple people to act as the trustee, just as there may be valid reasons to only have one person acting at a time. An experienced estate planning attorney can usually advise as to what would make the...
