Many clients do not think about probate until they have already lost a loved one. Even then, they may mistakenly think that probate is a quick, simple formality. Once they learn that probate can be expensive, stressful, and time-consuming, many clients have the same question: How much does it cost? What Factors Influence Probate Costs and Estate Fees in California? Logically, it might seem like probate costs should be based […]
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Picture this: A mother dies. She has three adult children. In the last 10 months of her life, she had a stroke, became more dependent, and one of her daughters moved in to help take care of her (handled doctors, bills, and the house). A few weeks before her death, the mother signed a new restatement of her revocable trust that named only the caregiver daughter as the sole successor […]
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Real estate is often the most valuable asset in an estate and the most emotional. A family home can carry decades of memories alongside significant financial worth. That combination of sentiment and money is exactly why inherited real estate so often becomes the flashpoint for probate litigation. As a probate litigation attorney, I see the same patterns repeated across very different families. Understanding why these disputes happen, and how to […]
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Most people who agree to serve as a trustee or executor say yes for personal reasons. A parent asked, or a sibling did, or the will simply named them and nobody gave it much thought at the time. What tends to catch people off guard is how much of the job turns out to be tax work, and how little room there is for error once you’re in the middle […]
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In my previous article, When Trustees in High Net Worth Estates Need Professional Help, I discussed why administering high net worth (HNW) and ultra high net worth (UHNW) trusts often requires the support of a team of experienced professionals rather than relying on a single individual acting alone. The fiduciary responsibilities involved were explored, along with the reasons why these types of estates generally require a fundamentally different approach than […]
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As passionate business owners who pour love and energy into their business, have you ever paused in the midst of your busy day – managing employees, delegating work, marketing, and handling countless other responsibilities – to wonder what would happen if you needed to slow down, or if you were no longer around? More importantly, you probably want to preserve all the hard work, time, and money you invested, and […]
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If you’re like most high earners, you may have realized that as your income and wealth increase, so does the complexity of your taxes. No one likes to get a surprise bill at tax time, which is why strong financial management and careful planning are so important. When it comes to managing your tax liability and protecting your wealth, the key is to be proactive in your planning, not reactive. […]
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Trust administration is its own discipline — one with legal obligations, procedural requirements, and standards of care that catch even seasoned professionals off guard. Managing money, running a business, and navigating complexity does not always prepare you for the challenges of administering a trust. A trustee who has managed significant assets throughout their career naturally expects that trust administration will feel familiar. The instinct to rely on existing knowledge and […]
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When it comes to their parents’ estate planning, siblings can be supportive. Even so, undue influence claims are always a concern when an older adult is creating a will or otherwise deciding how their assets will be distributed after their death. If one sibling manipulates their parents into changing their estate plan, they may have exerted undue influence. Proving undue influence can be challenging, which is why courts in California […]
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As wealth grows, estate planning often shifts from relatively straightforward asset protection and distribution planning to more complex questions about estate taxes, business ownership, legacy goals, and the preservation of wealth across generations. The right approach depends not only on the size of an estate but also on family dynamics, financial priorities, and the long-term vision behind the plan especially when comparing high-net-worth and ultra-high-net-worth estates. How Do High-Net-Worth and […]
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Even if you know that you’re one of the beneficiaries of a loved one’s estate, it can take several months (and sometimes even a year or more) to receive the assets that were left to you. But if the person managing the estate mishandles the assets within it, you could be waiting much longer. If you think the executor or administrator of a decedent’s estate is mismanaging the assets within […]
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Newly appointed trustees often share a version of the same admission with me: they agreed to serve because it felt like the right thing to do, and only afterward did they realize how many rules come with the role. Trusteeship is manageable, and it requires deliberate attention, informed judgment, and consistent adherence to fiduciary duties. Serving as a trustee carries significant legal responsibility. Under the California Probate Code and general […]
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Tax Implications of Selling Artwork How artwork is taxed depends largely on who is selling it and why they owned it. If an artist sells their own artwork, that income is treated as ordinary income. 26 US Code §1221(a)(3)(A). This is because artwork created by the artist, under tax law, has been explicitly excluded from the definition of “capital asset”. As a result, the sale proceeds are taxed at ordinary […]
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A Gentle Guide to Trust Administration in California A trust is designed to avoid probate, but it still requires thoughtful and active administration after its creator passes away. Creating a trust is similar to preparing an architectural blueprint: the framework is carefully planned, the specifications clearly defined, and the intended result mapped out in advance. Once the designer is no longer present, however, someone must interpret those plans, apply them […]
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Probate. You’ve heard this term tossed around by attorneys and finance professionals. Everyone says it’s annoying, time-consuming, and that you need to avoid it. But what is it? Probate is the court-supervised legal process of validating the will (if one exists) of someone who passed away, paying their debts and taxes, and distributing their remaining assets to heirs or beneficiaries according to the will or state law. Probate court is […]
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Trusts are powerful tools used in estate planning to protect and distribute assets according to a person’s wishes. But what happens when something goes wrong? What if someone’s left out, the rules aren’t followed, or the money disappears? Litigation might become the answer. Unlike probate, trust litigation involves disputes over trusts that often avoid probate and can arise at various stages, focusing on issues related to trustee conduct and trust […]
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July 4, 2025, President Donald Trump signed the “One Big Beautiful Bill” (OBBBA), a big reconciliation bill that made some tax changes to the Tax Cuts and Jobs Act (TCJA). While most of the bill extends existing tax provisions, there are some important updates – especially for businesses and high income earners. Below we break down the changes and what they mean for you. As always, our team of transaction […]
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California’s probate landscape has undergone significant changes, creating new opportunities for streamlined estate transfers. The passage of Assembly Bill No. 2016 (AB 2016) on September 21st, 2024, signed by Governor Newsom, modernizes procedures for property transitions, including certain provisions that benefit estates of varying sizes. While the bill’s main change raises the small estate threshold for primary residences to $750,000, its broader reforms to affidavits, petitions, and notice requirements offer […]
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Choosing the right trustee is one of the most critical decisions when establishing a trust. The trustee ensures the grantor’s wishes are fulfilled and safeguards the beneficiary’s interests. For those creating a trust as part of their estate plan, understanding the trustee’s role and responsibilities empowers informed decision-making, helping to ensure that your wishes and intent are carried out. What Does It Mean to Be a Trustee? A trustee is […]
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There are many nuances to consider when it comes to the statutes of limitations and deadlines involved in an inheritance claim. In the case of California state law, deadlines can range from 120 days from the moment you are notified of a testator passing away, to essentially none, depending on the circumstances, with the whole process typically taking around 9 months. That’s why knowing what is involved is critical to […]
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