Protecting Your Legacy, Guiding Your Future






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What is estate planning?Estate planning is the process of meeting with an attorney who creates legal documents that clearly communicate and document your end-of-life wishes, including what happens if you become incapacitated and are unable to make medical or financial decisions for yourself. Estate planning is a good idea for every adult, not only the wealthy or elderly. Though not all estate plans are the same, the most common documents are: Will: Identify who will receive your assets (your beneficiaries), select guardians for your minor children, and name an executor to ensure your final wishes are carried out. Revocable Trust: Transfer your assets to your designated beneficiaries when you die while avoiding the probate process. You can change or cancel a revocable trust during your lifetime, and you can put assets into or take assets out of the name of the trust at any time. Advanced Health Care Directive: Select a person or persons (“agent”) to make health care and medical treatment decisions for you if you become incapacitated and cannot make decisions for yourself. You can also specify the type of medical treatment you want under specific circumstances (ex. artificial life support, organ donation, tube feeding). Financial Power of Attorney: Select a person or persons (“agent”) to manage your financial or legal affairs. It not only gives the agent power over your finances, but can also include specific directions on how you would want your finances to be handled.
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What is an estate?An estate is any property or assets you own at the time of your death, including: real property (ex. homes, vacant land) personal property (ex. cars, jewelry, art) bank accounts securities (ex. stocks, bonds) life insurance policies retirement plans business interests
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How does estate planning help me? (Why is it important to safeguard my family’s future)A well-designed plan protects you and your family during your incapacity and after your death,and can achieve the following: Name someone to administer your estate after you die Identify who you wish to receive your assets after you die Appoint a guardian to care for any minor children Avoid the lengthy and costly probate process Identify someone to make financial or medical decisions for you in the event that an illness or injury results in your incapacity Direct any type of life-prolonging medical care Express funeral and other end-of-life wishes, and how related expenses should be paid Minimize any applicable taxes
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What is probate?Probate is the court-supervised process of authenticating a decedent’s will if there is one; collecting the decedent’s assets; notifying interested parties; paying the decedent’s bills, taxes, and any creditors; and then distributing what is left to the decedent’s heirs or beneficiaries. A person, usually a family member of the decedent, files a petition with the probate court to be granted the legal authority to manage the administration of the decedent’s estate. Assuming they qualify and there is no contest, that person is appointed either as an executor or personal representative, depending on whether the decedent left a will.
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How long does probate take and how much does it cost?Each state in the United States has slightly different probate rules and procedures, though the probate process in every state is time consuming and costly. In California, probate typically takes at least one year, and could take several years depending on the circumstances. Some factors that affect timing are whether family members agree, how many assets the decedent left, whether the will is contested, whether there are creditors, how difficult it is to find beneficiaries or heirs, and whether the executor or personal representative is attentive to his or her responsibilities. In addition to court filing fees, the executor or personal representative typically hires a probate attorney to advise them throughout the process. In California, probate attorneys charge a fee that is a percentage of the value of the decedent’s assets that go through probate. Those percentages are set by state law. In California, those percentages currently are: 4% of the first $100,000 of the gross value of the probate estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and so on.
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Does every estate go through probate?No, not every estate goes through probate. Probate may not be necessary if a decedent left a small estate. For example, in California, if the gross value of the decedent’s total estate (real and personal property) in California is $184,000 or less, the successor(s) of the decedent may not have to go to court. California permits a small estate affidavit as a way for a decedent’s successor(s) to claim assets instead of going through probate. If the decedent left real property, even if worth $184,500 or less, the estate may need to go through a simplified probate process to legally transfer title. In addition to small estates, if the decedent created a valid trust and placed his or her assets into that trust, those assets will avoid probate. When a person (the “Settlor”) creates a trust, the assets are owned by the trustee, so upon the death of the Settlor, the trustee transfers the Settlor’s assets directly to the Settlor’s beneficiaries.
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Who should I name as my Executor or Trustee?People typically name a close family member or friend to serve as their executor or trustee. You should select a person who you feel comfortable will respect your wishes and carefully manage your estate. If possible, you also should pick a person who lives close to you. It is more difficult to serve as executor or trustee if you have to travel to fulfill your responsibilities. If you do not have someone in your life that you trust to serve in this important role, you should consider naming a professional fiduciary. Professional fiduciaries offer estate management services among other services. California requires that professional fiduciaries are licensed and complete ongoing education requirements.
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How long does it take to get estate planning done?The time it takes to complete estate planning varies depending on the complexity of your situation and how quickly you make decisions. Generally the process can take anywhere from a few weeks to a few months. Here is a rough timeline: Initial Consultation (1-2 weeks): This involves meeting to discuss your goals, assets, and family situation. Drafting Documents (1-2 weeks): I draft the documents according to your wishes. Review and Revisions (1-2 weeks): You review the documents and I answer any questions and make any necessary revisions. Finalizing and Signing (1-2 weeks): Once the documents are finalized, you sign them in the presence of witnesses and a notary.
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What documents are needed from me to begin an estate plan?I will provide you with a questionnaire to begin the process. The questionnaire will ask for basic personal information (name, date of birth, address) and family information; information about assets (real estate, bank accounts, retirement accounts, life insurance); beneficiary information; guardian appointment, and who you would like to serve as your successor trustee/executor and agent for finance and healthcare.
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What is a Pour-Over Will?A pour-over will is a specific type of will used in conjunction with a living trust. It serves as a safety net to ensure that any assets not transferred into the trust during the grantor’s lifetime are “poured over” into the trust upon the grantor’s death.
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Who should have an estate plan?Here are key groups of people who should consider an estate plan: 1. Parents with Minor Children. To designate guardians and ensure their children are cared for by chosen individuals. 2. Homeowners. To specify how real estate should be managed or transferred. 3. Individuals with Significant Assets. To minimize estate taxes and ensure assets are distributed according to their wishes. 4. Business Owners. To ensure succession plans and business continuity. 5. Individuals with Dependents. To provide for dependents who may have special needs or rely on financial support. 6. Married Couples. To protect their spouse and clearly define the distribution of shared and individual assets. 7. Single Individuals. To specify beneficiaries and make decision about their health care and finances in case of incapacity. 8. People with Specific Bequests. To ensure personal belongings or assets are given to specific individuals or charities. 9. Elderly Individuals. To plan for long-term care, medical decisions, and the distribution of their estate. 10. People with Health Issues. To select an agent to make health care and medical treatment decisions for you. 11. Anyone Wanting to Avoid Probate: To facilitate a smooth and private transfer of assets, avoiding the time-consuming, expensive and public probate process.
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How often should I update my estate plan?Updating an estate plan is an important aspect of ensuring that your wishes are accurately reflected and legally sound. Here are some key times when you should consider updating your estate plan: 1. Major Life Events: – Marriage or Divorce: Update your estate plan to reflect changes in marital status. – Birth or Adoption of a Child: Ensure your new child is included in your estate plan. – Death of a Beneficiary or Executor: Update to reflect the change. – Significant Changes in Financial Situation: If you receive a large inheritance, win the lottery, or experience a significant increase or decrease in assets. – Health Changes: A diagnosis of a serious illness or disability for yourself or a family member. – Buy or Sell Real Property. Update to reflect the change. – Move. Update to reflect the change. 2. Changes in Law: – Tax laws can change, potentially affecting your estate plan. Review your plan with an attorney periodically to ensure compliance with current laws. 3. Periodic Reviews: – Every 3-5 Years: Even if there are no major life events or legal changes, it’s wise to review your estate plan every few years to ensure it still meets your needs and goals. 4. Changes in Relationships: – If relationships with beneficiaries, trustees, or executors change significantly, consider updating your plan to reflect those changes. 5. Changes in Your Wishes: – If your priorities, goals, or preferences for asset distribution or guardianship of children change, update your plan accordingly.
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- Don’t Forget to Fund Your Trust
C reating a revocable trust is an important step in estate planning. However, many people overlook an essential step: funding the trust. Without proper funding, a trust is empty and cannot serve its purpose. Here’s why funding your trust is important and how to do it correctly. What Does It Mean to Fund a Trust? Funding a trust means transferring ownership of your assets from your name to the trust’s name. This includes real estate, bank accounts, investments, and valuable personal property. If assets are not properly titled in the trust’s name, they may still go through probate, which can be time-consuming and costly. Steps to Fund Your Revocable Trust Real Estate : To transfer real property into your trust, you must create and record a new deed listing the trust as the owner. I help my clients with this essential step as long as the real estate is located in California. Bank Accounts : Visit your bank in person or online to retitle accounts in the name of your trust or update beneficiary designations to the trust. Investment Accounts : Work with your financial advisor to retitle brokerage accounts or update beneficiary designations to the trust. Personal Property : Transfer valuable items, like jewelry, art, and collectibles, by creating an assignment of personal property document. Business Interests : If you own a business, update ownership documents to reflect the trust as the owner. Retirement Accounts and Life Insurance : While these assets are often left to individuals through beneficiary designations, you may want to name the trust as a contingent beneficiary. Homeowners Insurance : Contact your insurance provider to add the trust as an additional insured on your policy. This protects the property and ensures there are no coverage gaps. Common Mistakes to Avoid Delaying the Process: Some people establish a trust but fail to fund it, leaving assets unprotected if something unexpected happens. Incomplete Transfers: Some assets require additional paperwork or approvals. Ensure all necessary forms are completed. Forgetting New Assets: As you acquire new assets, remember to title them in the trust’s name. Action Items: List all assets and determine which need to be transferred. Contact financial institutions to update account titles. Ask your insurance provider to add the trust as an additional insured to your policy. Review and update your estate plan as your assets change. By taking these steps, you can ensure a smooth and efficient transition of your estate to your beneficiaries. Please contact me with any questions. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- Will Your Kids Pay Inheritance Tax in California?
If you’re planning your estate and wondering whether your children will owe inheritance tax in California, the short answer is no. California does not impose an inheritance tax or estate tax, making it one of the more tax-friendly states for passing on wealth. However, there are still important considerations, including federal estate taxes and other financial implications. No Inheritance Tax in California Unlike some states, California does not require heirs to pay taxes on inherited assets. Regardless of the amount, your children will not face any state-imposed inheritance tax when they receive their inheritance. Federal Estate Tax Considerations While California does not have its own estate tax, federal estate taxes can apply to large estates. In 2025, the federal estate tax exemption is $13.99 million per person ($27.98 for married couples). This means: If your estate is valued below this amount, no federal estate tax will be owed. If your estate is valued above this threshold, the excess amount is taxed at rates up to 40% before assets are distributed to heirs. Since this tax is imposed on the estate itself, your children will not be responsible for paying it directly—but a significant portion of the estate could be reduced before they receive their inheritance. Other Financial Implications for Heirs While inheritance tax is not an issue in California, there are other financial aspects to consider: Capital Gains Tax : If your children inherit assets like real estate or stocks, they likely will benefit from a step-up in basis to the asset’s value at the time of your passing. This can reduce capital gains taxes if they sell the asset later. Income Tax on Certain Assets : Inherited retirement accounts (like IRAs or 401(k)s) may be subject to income tax when withdrawn. Non-spouse beneficiaries typically must withdraw the full balance within 10 years, which can create a significant tax burden. Planning for the Future Even though California does not have an inheritance tax, estate planning is essential to ensure a smooth wealth transfer and minimize federal tax exposure. Consulting with an estate planning attorney or financial advisor can help you develop the best strategy for your family’s financial future. If you have a sizable estate or complex assets, take proactive steps now to ensure your beneficiaries receive the maximum benefit from their inheritance. Please contact me with any questions.
- Will vs. Trust in California: Which Do You Need?
When planning your estate in California, you’ve likely heard of two options: a will and a trust. While both serve to distribute assets after death, they work in significantly different ways. Choosing the right one depends on your personal circumstances, financial goals, and family needs. What is a Will? A will is a legal document that outlines how your assets should be distributed after your death. It also allows you to: Name an executor to manage your estate. Designate guardians for minor children. Specify funeral arrangements or other wishes. Pros of a Will: ✔ Simplicity – Easier and cheaper to create than a trust. ✔ Flexibility – Can be updated as life circumstances change. ✔ Guardianship – Essential if you have minor children. Cons of a Will: ✖ Probate Required – Your estate must go through probate, a court-supervised process that can be time-consuming and costly. ✖ Public Record – Probate is a public process, meaning your estate details become part of the court record. What is a Trust? A trust is a legal document that allows you to manage your assets during your lifetime and distributes them to your beneficiaries after you pass away. In California, the most common type is a revocable living trust. You maintain control over your assets during your lifetime and name a trustee to manage them after your death. Pros of a Trust: ✔ Avoids Probate – Assets in a trust pass directly to beneficiaries, saving time and legal costs. ✔ Privacy – Unlike a will, trusts are not public records. ✔ Incapacity Protection – If you become incapacitated, your successor trustee can manage your assets without court intervention. ✔ Control Over Distributions – You can set rules for how and when beneficiaries receive their inheritance (e.g., staggered payments, specific conditions). Cons of a Trust: ✖ More Expensive to Set Up – Creating a trust typically costs more than a standalone will. ✖ Ongoing Maintenance – You must transfer assets (like real estate and bank accounts) into the trust, or they won’t be covered. Which One is Right for You? If you own real estate or have a significant estate, a trust helps avoid probate. If you want privacy and control, a trust is better. If your estate is small ($184,500 or less in California), probate may be avoided without a trust. Please contact me to discuss whether a trust or will is best for your situation. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- Adding your Trust to Your Insurance Policies is Vital
Transferring assets like your home into a trust is a smart way to protect them and plan for the future. But if you don’t update your insurance policies, you could face serious risks—like denied claims, legal trouble, or financial loss. Here’s why adding your trust as an additional insured on your insurance policy is vital and how to do it the right way. 1. Protects Your Home and Property When you transfer your home into a trust, the trust becomes the legal owner—not you. That means your homeowners insurance needs to cover the trust, too. If the trust isn’t listed as an additional insured on the policy, your insurance company could deny your claim, leaving you to pay for damages or legal fees. Example : If a storm destroys your trust-owned home, but your homeowners’ insurance only lists your name as an individual, the insurance company might refuse to pay for repairs. 2. Prevents Insurance Gaps and Denied Claims Insurance only covers the people or entities listed in the policy. If your trust owns the property but isn’t listed, your insurance company may not cover damages or lawsuits. Example : If a guest gets hurt at your rental property, which is held in a trust, but your homeowners’ insurance still lists only your name, the insurance company could deny the claim, leaving you personally responsible for medical bills or lawsuits. 3. Ensures Claims Get Paid Smoothly When you file an insurance claim, the right name needs to be on the policy. If your trust isn’t listed, the insurance company may delay or deny payments - even if you’ve paid your premiums. Example : If a tree falls on your trust-owned home, but your insurance only has your name, the company may refuse to pay, claiming the property belongs to the trust—not you. How to Add Your Trust to your Insurance Policies Check your existing policies – Identify all insurance policies covering assets held by the trust. Contact your insurance company – Request that the trust be added as an additional insured or named insured, depending on the policy. Update documents – Make sure your policy clearly lists the trust (in addition to your name). If you have any questions, please contact me. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.