Forgotten but Not Left Behind: What Happens When a Spouse Is Omitted from an Estate Plan? Estate planning is all about preparation. But life happens—and sometimes, people get married after signing a will or trust and forget to update it. In these situations, the surviving spouse may be what California law calls a pretermitted spouse—someone unintentionally…
Should You Add Your Vehicle to Your Trust? When building an estate plan, it’s important to ensure that assets are properly aligned with your goals — but not every asset needs to be placed into a trust. One common question is whether vehicles should be included. In California (and in some other states), adding a…
Over the years, I’ve been asked many times whether a Transfer on Death (TOD) Deed is a good way to pass down property. These deeds were designed to simplify estate planning by avoiding probate—but in practice, they often create more problems than they solve. I no longer recommend TOD deeds to my clients—and I don’t draft them—because…
What Happens with Capital Gains Tax When You Inherit a Home in California? An example involving a daughter navigating her mother’s trust illustrates how the step-up in basis works. When Samantha’s mother, Mary Lou, passed away earlier this year, Samantha found herself navigating the responsibilities of trust administration for the first time. Mary Lou had…
📜 New Law Makes It Easier to End Low Value Irrevocable Trusts in California Starting January 1, 2025, California madeit easier to terminate small irrevocable trusts and subtrusts that no longer make financial sense to maintain. These updates offer much-needed flexibility for trustees and beneficiaries—but there’s an important caveat: the trust document itself can override…
