One of the noteworthy pieces of legislation passed in 2024 was Assembly Bill 2016 (AB 2016), which aims to address accessibility, efficiency, and fairness within California’s probate procedures. Probate is the court process through which a deceased person’s assets are administered and distributed to beneficiaries and heirs. It can be a complex, time-consuming, and expensive process. AB 2016 seeks to…
As the cooler weather dawns upon us, we cannot help but feel the nostalgia of the Holiday season looming in the distance. The Holidays inevitably bring together loved ones from all over to share in the celebration of family, gratitude, and the togetherness of people from near and far. Because having all your loved ones under the same roof is…
How to Protect Separate Property in Estate Planning Estate planning in California can be complex, significantly when differentiating between separate and community property. This distinction is crucial for ensuring your assets are distributed according to your wishes. In this blog post, we’ll focus on individual property, what it entails, how it is handled in California estate planning, and the steps…
Why Do I Have to Do a Probate When I Have a Trust? As an estate planning attorney, one of my least favorite conversations with a new client starts with me saying “I’m so sorry, but unfortunately, even though you have a trust, we are going to have to do a probate.” Clients are surprised to learn that this can…
The Importance of a Revocable Living Trust for the Sandwich Generation Financial planning can feel like a never-ending balancing act for members of the Sandwich Generation—those simultaneously caring for aging parents and supporting their children. This dual role can be incredibly demanding, both emotionally and financially. Financial resources can be stretched thin between paying for their children’s education, managing household…
Understanding the Corporate Transparency Act: A Guide for Estate Planning Clients The Corporate Transparency Act (CTA), enacted as part of the National Defense Authorization Act for Fiscal Year 2021, represents a significant shift in corporate regulatory compliance. As an estate planning attorney, it is crucial to ensure that my clients are aware of this legislation and understand how it may…
Many couples are choosing to wait longer to get married, or choosing to not get married at all while sharing a life and co-owning property together. Estate planning can be especially important for unmarried couples in these situations. While marriage offers certain legal protections, unmarried couples face unique challenges when it comes to estate planning, particularly with jointly owned assets…
Many people believe that everything automatically passes to their spouse upon their death, regardless of how property is titled or any estate planning documents prepared. In some cases, this may be true. However, there are several situations where this may not be the case, and the surviving spouse may either not receive the property or may experience difficulty gaining access…
For this four-part series, we are discussing very common scenarios that we see in our trust administrations where real estate is involved. Real estate, particularly the family home, often has emotional and sentimental components that throw a wrench in trust administrations. Beneficiaries often have different ideas of what to do with the family home. We will continue using the same…
Real property is often the most complicated trust asset for trustees to manage. Trustees often want to do their best while also pleasing the beneficiaries, who are often their siblings or family members, and still follow the terms of the trust. This four-part series will discuss common scenarios in our trust administrations involving real estate. To begin this discussion, some…