Questions we are asked

Incapacity and special needs Will the cost of long-term care take the house?It can, and the decisions taken in the first months are usually the ones that matter most. This is planning rather than avoidance. Business succession How do I leave the business to one child and treat the others fairly?By separating the business from the arithmetic. Dividing everything in thirds usually forces a sale nobody wanted. Property transfers Can a California trust hold property in another state?Yes, but only once a deed valid in that state has been recorded there. A California trust does not reach across a state line on its own. Trust administration When can a trustee safely distribute trust assets?Distributing early is the one mistake that cannot be undone, because the trustee is personally on the hook for what is then missing. Probate My parent owned property in another state. Do I need a second probate?Sometimes, and often less than you have been told. A California proceeding does not reach land in another state, but a second full probate is not the only answer. Probate How much does probate cost in California?The fees are set by a public formula, calculated on the gross value of the estate rather than on your equity in it. Business succession How is a business valued when an owner dies?By whatever method the agreement specifies. Where it specifies none, by negotiation between a grieving family and the surviving owners. Trust administration I have been named successor trustee. What do I do first?There is a sequence, it starts sooner than most people are told, and the first ninety days decide the next three years. Incapacity and special needs When is a conservatorship actually necessary?Less often than families are told. It is the fallback where nothing was signed in advance, and the better answer is usually the documents that make it unnecessary. Estate planning At what age should my children inherit?Eighteen is the default, it is rarely the answer, and choosing something else is an ordinary decision rather than a judgement on your children. Trust administration The trustee will not tell me anything. What am I entitled to?More than most beneficiaries realize, and silence past a certain point stops being a family matter and becomes a legal one. Property transfers What kind of deed do I need to transfer California property?The recorded document is the transfer. Which form it takes, and what it says on its face, decides both what passes and how the assessor treats it. Probate Does a surviving spouse have to go through probate?Frequently not. Where property passes to a spouse, a single petition can replace an entire administration. Business succession Can I put my LLC interest into my living trust?Read the operating agreement first. If a trust is not on the list of permitted holders, the transfer into it may never have taken effect. Estate planning How do I provide for my spouse without disinheriting my children?In a second marriage the two goals genuinely compete, and a plan that does not choose between them chooses by accident. Trust administration Do I have to notify beneficiaries when a trust becomes irrevocable?Yes, and the notice is what starts the clock on any contest. Serving it early is what closes that window early. Incapacity and special needs Will an inheritance disqualify my child from SSI and Medi-Cal?An outright gift can end SSI, and losing SSI can cost the Medi-Cal that comes with it. A trust is how the gift is made without that happening. Probate How long do creditors have to make a claim against an estate?Four months from the issue of letters, and the representative has to allow or reject each claim in writing rather than ignore it. Estate planning What documents do I need besides a living trust?Three documents sit alongside the trust, and they are the ones most likely to be needed first. Property transfers Can I still transfer my house to my child without a property tax increase?Sometimes, and the rules are considerably narrower than they were. What most people remember about this exclusion is the old version of it. Business succession What happens to my share of the business if I die?Whatever the operating agreement says, and if it says nothing, your co-owners may find themselves in business with your family. Trust administration Can a beneficiary force me to provide a trust accounting?In most cases yes, and a trustee who cannot produce one is in a weak position however honestly they have acted. Incapacity and special needs What happens if I become incapacitated without a power of attorney?Your family goes to court. A conservatorship is the fallback, and it is a proceeding rather than a document. Estate planning I signed my trust years ago. Is my house actually in it?Signing the trust created the container. Whether anything was put inside it is a separate question with a checkable answer. Property transfers Does putting my house in a trust reassess my property taxes?No. Transferring your own home into your own revocable trust is not a change in ownership, so it carries no property tax consequence at all. Probate Can I avoid probate if the estate is small?Often, yes. Whether you qualify is arithmetic rather than argument, and it is worth doing before anyone opens a file. Estate planning Do I need a living trust if I already have a will?A will decides who receives what. It does not decide whether a court has to be involved in handing it over.