Estate Planning Learning Center
Plain-English answers to the questions I hear most from California families. Each topic starts with the guides I recommend reading first, followed by answers to more specific questions.
Getting Started
What an estate plan is, who needs one, and what working with an attorney involves.
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- Do I Need an Estate Plan?Who needs a plan in California and what happens to your family without one.
- The Key Parts of a California Estate PlanThe trust, will, powers of attorney, and healthcare directive, and what each one does.
- What Does an Estate Planning Lawyer Do?How an attorney-designed plan differs from online forms, and when hiring one makes sense.
- How Much Does an Estate Planning Lawyer Cost?What drives fees, flat fee versus hourly billing, and what a complete plan should include.
More questions
- Glossary of Estate Planning TermsPlain-English definitions of the terms you will see in your documents.
- How to Talk to Your Parents About Estate PlanningHow to start the conversation and which documents matter most.
- How to Update an Estate Plan in CaliforniaMarriage, divorce, a new child, a move, or new assets: when and how to update.
- Why Year-End Is a Good Time to Review Your PlanA short checklist of changes worth reviewing each year.
- Documents Prepared by OthersWhy an attorney cannot vouch for documents someone else prepared.
- Technology in Modern Estate PlanningHow video meetings, secure sharing, and digital storage fit into the process.
- Back Up Your Estate Planning DocumentsWhy signed documents should be scanned and stored safely.
Living Trusts
How a revocable living trust works, how to fund it, and who manages it.
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- How Does a Trust Work?The roles of trustee and beneficiary, and how a living trust holds your assets.
- Creating a Trust but Never Funding ItWhy an unfunded trust can still leave your family in probate.
- Do I Need a Lawyer to Fund My Trust?Which assets you can retitle yourself and where help matters most.
- Signing, Notarizing, and Witnessing Your DocumentsHow to find a notary and qualified witnesses so your documents are valid.
More questions
- Should My Bank Accounts Be in My Trust?Why retitling accounts to your trust can work better than payable-on-death alone.
- Can a Trust Own an LLC?How a living trust can hold LLC interests and what to check in the operating agreement.
- Marital TrustsProviding for a surviving spouse while protecting assets for your children.
- How to Choose an Executor or TrusteeWhat to weigh when deciding who will carry out your wishes.
Your Home and Real Estate
Deeds, mortgages, and how to keep your home out of probate.
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- Does Putting Your House in a Trust Avoid Probate?How a trust keeps your home out of court, and the steps that make it work.
- Putting a House With a Mortgage in a TrustWhy the transfer usually does not trigger the due-on-sale clause, and what to do next.
- Transferring Real Estate to Your TrustWhy and how to deed California property into your living trust.
More questions
- Grant Deed vs. Deed of TrustOne shows who owns the property, the other secures a loan. How to tell them apart.
- Why Names Must Match on Your DeedHow spelling differences between records can cause title problems.
- Joint Tenancy and Transfers to a TrustHow moving joint tenancy property into a trust can end survivorship rights for unmarried co-owners.
- Putting a Vacation Home in a TrustDeeds, out-of-state property, and what to check before recording.
- Owning Property in More Than One StateHow out-of-state real estate can mean a second probate, and how to avoid it.
Wills, Probate, and After a Death
What probate is, why a will alone does not avoid it, and what to do when someone passes away.
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- What Is Probate, and Why Avoid It?How California probate works and why it is slow, public, and costly.
- Does a Will Avoid Probate?Why a will alone still goes through probate, and how a living trust avoids it.
- What Is a Pour-Over Will?The safety net that catches assets left outside your trust.
- Dying Without a Will in CaliforniaHow state law decides who inherits when there is no will.
More questions
- Clearing Title After a Spouse DiesSteps a surviving spouse takes so the home can later be sold or refinanced.
- When a Joint Property Owner DiesWhat a surviving co-owner needs to record after a death.
- Successor Trustee DutiesWhat a successor trustee does, from notices and inventory to final distribution.
- Do I Need a Probate Lawyer?When an estate needs a probate attorney and what the process involves.
Taxes, Retirement, and Beneficiaries
Estate tax, step-up in basis, and accounts that pass by beneficiary designation.
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- Does California Have an Estate Tax?California has none. How the federal estate tax works and when it applies.
- Do You Pay Taxes on Inherited Property or Money?What heirs may owe, and how basis works for inherited assets.
- The Double Step-Up in BasisHow community property in a revocable trust can receive a full step-up at the first death.
More questions
- Separate vs. Community Property BasisWhy the character of your property matters for step-up at death.
- Beneficiary Designations and Your PlanHow retirement accounts, life insurance, and POD accounts fit with your trust.
- What Happens to Your 401(k) When You Die?Beneficiary designations, spousal rights, and the withdrawal rules heirs face.
Healthcare and Powers of Attorney
Who makes decisions for you if you cannot, and how to put your wishes in writing.
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- What Is an Advance Healthcare Directive?What it covers, who to name as your agent, and how it guides your care.
- What Does Power of Attorney Mean?Durable and limited powers, and how to choose an agent.
More questions
- What Is a DNR Order?How a do-not-resuscitate order differs from an advance healthcare directive.
- When a Directive Is Too SpecificWhy overly detailed instructions can tie the hands of your agent and doctors.
- Naming Your Doctor in Your DirectiveWhy naming your primary care physician helps your agent and medical team.
Have a Question That Is Not Answered Here?
Every family is different. In a free design session, I review your situation and explain which documents fit your goals and what a complete plan costs.
Schedule Your Free Design Session