A: Not without taking a few important steps first! Before distributing trust assets, a trustee must attend to their fiduciary duties, which may include providing required notices to beneficiaries, identifying and valuing trust assets, paying valid debts and expenses,...
A: In California, you’re not legally required to hire an attorney to handle probate, but having one can make the process much easier. Probate involves many legal requirements, deadlines, and tasks that can quickly become complex and time-consuming. An experienced...
A: Absolutely! In fact, it may be more imperative that you have an estate plan in place! 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 being appointed as a...
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: It's a new California law (effective for any death that occurs on or after April 1, 2025) that allows heirs to inherit a primary residence worth up to $750,000 without going through a full probate.
A: Not usually; most courts in California use a tentative ruling system. Here's what this means: In the days before the hearing on a petition, the court will post its intended ruling on the petition. If the tentative ruling is to grant the petition and no objection is...
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: No. For better or worse, the law does not consider fairness, effort, or even relationships in determining who receives a share of an estate. There are only two possibilities: 1. No estate plan? The California probate code decides who inherits, and how much —this...
