Rose Law Firm of Napa Valley, Inc.

Q: Can I name all of my kids as co-trustees of my trust when I die, or do I have to pick one?

2026-07-14T04:02:35Z

A: Whichever is best for you! 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 most sense in a given situation.

Q: My mom recently died with more debts than assets. Am I personally liable to pay all of my mom’s debts now?

2026-06-25T05:50:42Z

A: No you are not! In California, the creditors of a decedent are paid first out of the decedent’s remaining assets before any distributions are made to heirs. In other words, although you won’t be receiving any inheritance from your mom’s estate, you will not have to personally pay any creditors out of your own pocket.

Q: My spouse and I have a trust from 20 years ago. Should it be updated?

2026-06-16T05:34:18Z

A: Possibly! An estate plan created 20 years ago may not reflect changes in your family, assets, goals, or current laws. It's a good idea to review your trust every few years and after major life events such as births, deaths, marriages, divorces, or significant financial changes. A periodic review with an experienced estate planning attorney can help ensure your plan still works the way you intend.

Q: If my husband and I add someone as a joint tenant, will that trigger property tax reassessment?

2026-06-03T05:23:27Z

A: Not always. If the original joint tenants stay on title, California's joint-tenancy rules may prevent reassessment when a new joint tenant is added, and even when that added person later leaves title or dies. The property tax reassessment comes when the last original joint tenant is gone (unless another exclusion applies).

Q: Are a will and an estate plan the same thing?

2026-05-19T17:06:27Z

A: No, a will is part of an estate plan, which is an overarching strategy. Your estate plan should clearly outline everything regarding your assets, dependents, and end-of-life wishes. A comprehensive estate plan should include the following documents:

Advanced healthcare directive
Financial durable power of attorney
Last will and testament
Trust

Q: As a mom, what are some ways I can protect my children through my estate plan?

2026-05-06T06:35:17Z

A: If you have kids, this is where estate planning really matters. Here are just a few ways you can ensure your children are taken care of through your estate plan:

🟡 Name a guardian you trust

🟡 Review and update your beneficiaries on your accounts regularly

🟡 Name an executor you trust

🟡 Leave clear instructions for your family

With Mother’s Day around the corner, this is a good reminder that the care you give your children can extend far beyond today!

Q: Do I have to pick one of my beneficiaries to be my executor / successor trustee?

2026-04-21T05:48:27Z

A: No, you don't! You can pick anyone you trust and feel is up to the task—whether that’s another family member, a trusted advisor, or even a professional like an attorney or a corporate trustee.

The most important thing is to choose someone responsible and capable of handling the financial and legal duties of administering your estate or trust.

Q: My spouse passed away last year and I sold our home….Why am I getting hit with WAY more capital gains tax than my neighbor did when he sold following his wife’s death?

2026-04-08T05:45:18Z

A: It often comes down to how title was held. With joint tenancy, you only get a step-up in basis on your spouse’s half, while your half keeps its original basis, which can leave significant taxable gain when you sell. With community property with right of survivorship, both halves receive a full step-up to fair market value, often eliminating most or all capital gains. If you own real estate with your spouse, it’s worth making sure your title is set up the right way now, not later. A simple change can mean the difference between a large tax bill and little to none, so check in with your estate planning attorney before it’s too late.

Q: Does my spouse have any right to the inheritance I just received?

2026-03-25T06:57:46Z

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 other joint assets, you may be inadvertently converting your separate property inheritance into community property!

Q: What are some ways that business owners can legally protect their business?

2026-03-10T05:29:46Z

1. Register your business with the state: This legitimizes your business, gives you the ability to apply for grants and loans, and allows you to receive an employer identification number (which means you can establish business bank accounts).

2. Create business bank accounts: This allows you to keep track of budgeting and helps protect your personal finances if someone files a lawsuit against your company. 3. Use strong contracts: This allows you to establish an agreement between you and your customer and have protection if a problem ever arises. 4. Last but not least...complete an estate plan! An estate plan will make provisions for your business after your passing, which keeps you in control and makes sure that your business is taken care of.