Estate Planning And Business Law In Napa Valley And Beyond

Q: I was adopted when I was 2 years old and I just found out my biological father died without a will. Am I entitled to any portion of his estate now?

A: No, you will not inherit anything from your biological father's estate in this case. With very few exceptions, Probate Code Section 6451(a) states that an adoption severs the relationship of parent and child between an adopted person and their biological parent.

read more

Q: I have been living with my girlfriend for 24 years, but we’ve never gotten officially married. Will my assets automatically pass to her upon my death?

A: Not necessarily! Any assets you own as joint tenants would automatically pass to her by right of survivorship. However, be aware that California, contrary to popular belief, does NOT recognize common law marriage. Therefore, if you want assets to go to your...

read more

Q: Do I still need an Estate Planning Attorney if I only have one child and everyone knows everything gets left to them?

A: Although not technically required, it is still a very smart idea! Utilizing an Estate Planning Attorney will ensure that the maximum amount possible of your estate ends up in the hands of your child. Trusts ensure there are no unnecessary contests, streamline the...

read more

Q: What happens if I get divorced and I didn’t have time to update my estate plan? Will my ex-spouse still inherit if I die?

A: Fortunately, that is not the case! California recognizes revocation by operation of law. If a testator gets divorced after the will is created, California law automatically revokes any gifts that the were made to the former spouse, unless the will explicitly states...

read more