Los Angeles Estate Planning Lawyer

Frequently Asked Questions

Do I need a will if I have a trust?

Yes, in most cases. A "pour-over will" works alongside a living trust. It catches any assets that were never transferred into the trust and directs them to it. It's also where parents can nominate a guardian for minor children, which a trust can't do on its own. Having both helps make sure nothing falls through the cracks.

What's the difference between a will and a living trust?

A will takes effect only after death and generally goes through probate, which is a public court process. A revocable living trust takes effect as soon as it's signed and funded. It can manage your assets if you become incapacitated and can pass property to your beneficiaries without probate. Which one fits you depends on your assets, your family, and your goals. For many Los Angeles homeowners, a trust is worth a close look.

What happens if I die without an estate plan in California?

Your property passes under California's intestacy laws, not according to your wishes. Those rules set an order of priority among your spouse, children, and other relatives. A court will likely appoint someone to administer the estate, and if you have minor children, a judge decides who raises them. Intestacy is often slower, costlier, and more stressful for your family than a plan you put in place yourself.

How does probate work in Los Angeles, and can it be avoided?

Probate is the court-supervised process of validating a will, paying debts, and distributing assets. In California it can take a year or more, and statutory attorney and executor fees are based on the gross value of the estate. These fees are set by statute and can be significant for a home in Los Angeles County. Assets held in a properly funded trust, or with valid beneficiary designations, can typically pass outside probate. California also has simplified procedures for smaller estates, and the dollar thresholds are adjusted periodically.

What's the difference between a power of attorney and an advance healthcare directive?

A financial power of attorney names someone to handle your money, property, and business matters if you can't. An advance healthcare directive names someone to make medical decisions and records your wishes about treatment and end-of-life care. Most people need both, and without them your family may have to ask a court for a conservatorship.

What does it mean to "fund" a trust, and why does it matter?

A trust only controls the assets that are titled in its name or assigned to it. Funding means transferring ownership of your home, bank accounts, and other assets into the trust. A signed trust that was never funded can leave assets exposed to probate. California does allow some courts to treat property as trust assets in certain situations, but that takes a petition and added cost. Funding the trust correctly up front is far easier.

Does California have an estate tax? What about property taxes when my children inherit my home?

California has no state estate or inheritance tax. The federal estate tax applies only to estates above a very high exemption amount ($15 million per person in 2026), so most families won't owe it. Property taxes are a separate issue. Under Proposition 19, a child who inherits a parent's home may keep the low assessed value only if the child makes it their primary residence, and the benefit is capped. Otherwise the home can be reassessed at market value. This is worth planning for before a transfer happens.

Who should I name as my trustee, executor, or agent?

Choose people who are trustworthy, organized, and willing to serve. They don't have to be the family member you're closest to, or the oldest child. Many people name a successor as well, in case the first choice can't serve. For larger or more complicated estates, a professional or corporate trustee may make sense. We can walk through the strengths and drawbacks of each option with you.

How do I plan for minor children or a family member with special needs?

For minor children, your will can nominate a guardian and your trust can hold assets and set terms for when and how they're distributed, such as at certain ages or for specific needs. If a loved one receives government benefits like SSI or Medi-Cal, leaving them money outright can jeopardize eligibility. A special needs trust can provide for them while preserving those benefits.

How often should I review or update my estate plan?

A good rule of thumb is every three to five years, and sooner after a major life event. That includes marriage, divorce, a birth, a death, a significant change in assets, a move, or a change in the law. Beneficiary designations on retirement accounts and life insurance generally override what's in a will or trust, so they should be checked too. Your plan is meant to be updated as your life changes.