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Recently written
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.
While you wait
On estate planning
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.
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.
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.
While you wait
On trust administration
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.
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.
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.
While you wait
On probate
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.
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.
While you wait
On property transfers
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.
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.
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.
While you wait
On business succession
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.
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.
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.
While you wait
On incapacity and special needs
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.
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.
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.