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California Probate Estate Planning Trusts

Los Angeles might tweak its ‘mansion tax.’ Here’s why that matters for the rest of California

Los Angeles might tweak its 'mansion tax.' Here’s why that matters for the rest of California

Los Angeles Mansion Tax Reform: What California Property Owners Need to Know About Measure ULA Changes and Their Estate Planning Impact

Source: CalMatters

Who This Affects: California residents who own high-value real estate, multifamily property investors, estate planning clients managing California-based assets, and families concerned about property transfer taxes eating into their legacy.

What’s Happening Right Now

Los Angeles City Councilmember Nithya Raman has proposed critical changes to the city’s controversial “mansion tax” (Measure ULA) that could reshape how California families transfer real estate wealth. The Los Angeles City Council is scheduled to vote on Tuesday, January 27, 2026, on whether to put this revised measure on the June 2026 ballot.

Understanding Measure ULA: The Current Mansion Tax

Since 2022, Measure ULA has imposed substantial transfer taxes on high-value Los Angeles real estate sales:

  • 4% tax on property sales between $5 million and $10 million
  • 5.5% tax on property sales exceeding $10 million
  • Over $1 billion raised for affordable housing and tenant assistance programs

    • Why This Matters for Your Estate Plan

    If you’re a California resident managing valuable real estate assets, this tax doesn’t just affect single-family mansions. Despite its nickname, Measure ULA applies equally to apartment buildings, condos, and commercial properties—assets that many families use as wealth-building and legacy-transfer vehicles.

    The tax has created a significant obstacle for families looking to:

  • Transfer multifamily properties to heirs
  • Sell investment real estate to fund retirement or estate distributions
  • Restructure property holdings as part of trust administration

    • What Changes Are Being Proposed?

    The proposed June 2026 ballot measure would make several key modifications:

  • 15-year exemption for apartments, condos, commercial, and mixed-use projects from the transfer tax
  • Modified spending rules for how tax revenue can be used
  • Protection of core tax structure while addressing developer concerns about construction impediments

    • The Statewide Implications: Why This Goes Beyond Los Angeles

    The Howard Jarvis Taxpayers Association is gathering signatures for a November 2026 statewide ballot measure that would significantly restrict the ability of more than two dozen California cities to charge heightened transfer taxes.

    If this statewide measure passes, it could:

  • Eliminate billions in municipal revenue across California’s largest cities
  • Fundamentally change how local governments fund affordable housing
  • Trigger costly electoral battles that could reshape California tax policy

    • How Can California Families Protect Their Real Estate Legacy?

    Whether you own a single high-value home or a portfolio of investment properties, understanding these tax implications is essential for effective estate planning:

    1. Review Your Property Transfer Strategy

    The timing of property transfers can dramatically impact tax liability. Families should evaluate whether transfers should occur before or after potential tax changes take effect.

    2. Consider Trust-Based Solutions

    Certain trust structures may provide options for managing property transfers while minimizing exposure to transfer taxes. A properly structured revocable living trust or irrevocable trust can offer flexibility.

    3. Evaluate Multi-Generational Planning

    With a potential 15-year exemption for certain properties, long-term holding strategies may become more favorable for families building generational wealth through real estate.

    4. Stay Informed on June and November 2026 Ballot Measures

    Both the local Los Angeles measure (June 2026) and the statewide Howard Jarvis measure (November 2026) could fundamentally alter California’s real estate transfer tax landscape.

    Questions California Property Owners Are Asking

    Q: Will the mansion tax affect my estate plan if I die while owning Los Angeles property?

    Yes, potentially. If your estate or trust sells property valued above $5 million in Los Angeles, the transfer tax applies. However, transfers to heirs through inheritance may have different treatment depending on how your estate plan is structured.

    Q: How do I know if the proposed changes will help or hurt my family’s situation?

    It depends on your specific property type and timeline. Multifamily and commercial property owners may benefit from the 15-year exemption, while single-family mansion owners may see little change.

    Q: Should I rush to sell or transfer property before these changes take effect?

    Not necessarily. The proposed changes won’t take effect until voters approve them in June 2026, and the current system remains in place until then. Hasty decisions without proper legal and tax guidance can create unintended consequences.

    The Opposition Perspective

    Not everyone supports the proposed changes. Joe Donlin, director of United to House LA, argues that “Measure ULA is working” and questions why changes would be made “without even an analysis of how much it would cost.”Tenant rights groups and public sector unions remain fierce defenders of the existing tax structure.

    What California Families Should Do Now

    The complexity of California real estate transfer taxes, combined with evolving ballot measures and legal challenges, makes professional guidance essential. Families managing California-based assets need a comprehensive strategy that addresses:

  • Current transfer tax exposure under existing law
  • Potential changes from June and November 2026 ballot measures
  • Trust structures that provide flexibility regardless of tax changes
  • Coordination between estate planning and real estate transfer strategies

    • Protect Your California Real Estate Legacy

    At California Probate and Trust, PC, we help California residents navigate the complex intersection of estate planning and real estate transfer taxes. Whether you’re concerned about Measure ULA’s impact on your property holdings or need to restructure your estate plan in light of changing tax laws, our experienced attorneys provide the clarity and protection you need.

    Schedule your free estate planning consultation today:

  • Call (866)-674-1130
  • Visit cpt.law to learn more about our services
  • Meet with our Sacramento or San Francisco-based attorneys to discuss your specific situation

    • We offer transparent, fixed-fee estate planning packages designed specifically for California residents managing valuable real estate assets. Our compassionate approach ensures you understand every option available to protect your family’s legacy.

    Important Dates to Remember

  • January 27, 2026: Los Angeles City Council votes on placing revised Measure ULA on ballot
  • June 2026: Potential ballot measure for Los Angeles voters on Measure ULA changes
  • November 2026: Potential statewide ballot measure on transfer tax restrictions

    • Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is based on current law and proposed ballot measures as of January 2026, which may change. Real estate transfer taxes, estate planning strategies, and trust administration involve complex legal and tax considerations that vary based on individual circumstances. You should not rely on this information as a substitute for consultation with qualified legal and tax professionals. California Probate and Trust, PC does not guarantee any particular outcome and makes no representations about the accuracy or completeness of information provided. Consult with a licensed attorney regarding your specific situation before making any decisions affecting your estate plan or property transfers.

    Categories
    California Probate Estate Planning Trusts

    Hawaii’s Supreme Court Gun Case: What Families Need to Know About Constitutional Rights and Estate Planning

    Hawaii's Supreme Court Gun Case: What Families Need to Know About Constitutional Rights and Estate Planning

    If you’re concerned about protecting your family’s rights and assets, the recent Supreme Court case Wolford v. Lopez offers critical lessons about constitutional protections that extend beyond gun rights—touching on fundamental freedoms that impact your estate planning strategy.

    What Happened in Wolford v. Lopez? Understanding the Constitutional Stakes

    On Tuesday, the U.S. Supreme Court heard arguments in a landmark Second Amendment case from Hawaii. The state defended a law that would impose up to one year in prison for concealed carry permit holders who enter private property open to the public—like malls or gas stations—without explicit owner permission.

    The controversy centers on Hawaii’s reliance on historical “Black Codes”—post-Civil War laws designed to disarm newly freed Black Americans and enable Ku Klux Klan violence.

    Why Did Hawaii Cite Racist Historical Laws?

    Hawaii’s attorney, Neal Katyal, referenced an 1865 Louisiana Black Code to justify the state’s gun restrictions. Justice Neil Gorsuch expressed astonishment, stating he wanted “to understand how you think black codes should inform this Court’s decision making”.

    Justice Samuel Alito questioned the logic directly: “So, is it not the height of irony to cite a law that was enacted for exactly the purpose of preventing someone from exercising the Second Amendment rights, to cite this as an example of what the Second Amendment protects?”

    Can States Override Federal Constitutional Rights Based on “Local Custom”?

    Justice Sonia Sotomayor suggested Hawaii’s 200-year absence of gun-carrying customs should influence the case. Attorney Alan Beck countered that Hawaii “is part of the United States” and therefore “our national tradition” applies—the Second Amendment protects rights universally, not selectively based on state culture.

    The principle is clear: No “custom, tradition, or culture” in a specific state can justify violating the Bill of Rights.

    What This Means for California Families Planning Their Estates

    While this case focuses on gun rights, the underlying constitutional principle affects all Californians concerned about protecting their families:

  • Federal rights supersede state customs: Just as Hawaii cannot override Second Amendment protections, California must respect constitutional rights in probate, trust administration, and estate planning.
  • Historical discrimination cannot justify modern restrictions: The Supreme Court rejected using Black Codes as legal precedent. Similarly, your estate planning shouldn’t be subject to outdated or discriminatory state practices.
  • Transparency and legal clarity matter: Hawaii’s law creates criminal liability based on property owner silence. In estate planning, ambiguity can lead to probate disputes, family conflict, and asset loss.

    • How Can California Residents Protect Their Constitutional Rights and Family Legacy?

    The Wolford v. Lopez case demonstrates why California families need proactive legal protection:

  • Establish clear estate documents: Wills, trusts, and powers of attorney ensure your wishes are legally enforceable, preventing state intervention or family disputes.
  • Understand federal vs. state law: Constitutional protections apply nationwide. Work with attorneys who understand both federal safeguards and California-specific estate planning requirements.
  • Avoid legal ambiguity: Just as Hawaii’s “silence equals prison” approach creates confusion, unclear estate plans create probate nightmares. Explicit documentation protects your heirs.
  • Plan for multi-generational asset protection: The case emphasizes rights that extend “from sea to shining sea”. Your estate plan should protect family assets across state lines and generations.

    • Protect Your Family’s Future with Expert California Estate Planning

    California Probate and Trust, PC specializes in comprehensive estate planning for California residents who value transparency, family protection, and constitutional clarity. Our experienced attorneys provide:

  • Free one-hour consultations to assess your unique family situation
  • Clear, affordable estate planning packages tailored to your needs
  • Expert guidance on wills, trusts, probate, and asset protection
  • Compassionate support through complex legal processes

    • Whether you’re navigating probate now or planning for your family’s future, we offer the “one-stop-shop” expertise you need to protect what matters most.

    Schedule Your Free Consultation Today

    Don’t leave your family’s legacy to chance. Contact California Probate and Trust, PC for a no-obligation consultation and take control of your estate planning.

    Visit cpt.law or call our Fair Oaks, Sacramento, or San Francisco offices today.

    Source: National Review – Hawaii’s Shocking Legal Argument Against the Second Amendment

    Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information presented is based on publicly available court proceedings and news reports. Estate planning and constitutional law are complex areas that require individualized analysis. Readers should consult with a qualified attorney licensed in their jurisdiction before making any legal decisions. California Probate and Trust, PC is available for consultations but this article does not create an attorney-client relationship. Laws and court decisions may change, and the outcome of pending cases cannot be predicted with certainty.

    Categories
    Estate Planning Long Term Care Planning Trusts

    US Senate blocks California’s electric car mandate in historic vote

    US Senate blocks California’s electric car mandate in historic vote

    US Senate Blocks California’s Electric Car Mandate: What This Historic Vote Means for California Residents and Their Estate Planning

    If you’re a California resident managing assets tied to the automotive industry, environmental policies, or simply concerned about how major legislative changes affect your family’s financial future, the recent Senate vote blocking California’s electric vehicle mandatehas significant implications you need to understand.

    What Happened? Understanding the Senate’s Historic Decision

    On May 21, 2025, the U.S. Senate voted to block California’s landmark electric car mandate in a 51-44 decision, marking the first time in nearly 60 years that Congress has interfered with California’s vehicle emissions standards. This decision revoked three critical EPA waivers that allowed California to:

  • Phase out gas-powered cars, requiring 35% of new 2026 model cars to be zero-emissions, ramping up to 100% by 2035
  • Implement the Advanced Clean Trucks rule for zero-emission heavy and medium-duty trucks
  • Reduce nitrogen oxides from trucks and buses

    • Who Does This Affect? California Families Need to Pay Attention

    This legislative change directly impacts:

  • California residents with automotive industry investments or assets – If your estate includes stock in electric vehicle manufacturers, charging infrastructure companies, or traditional automakers, this policy shift could affect asset valuations
  • Families managing businesses in the transportation sector – Those with trucking companies, delivery fleets, or auto dealerships face regulatory uncertainty that requires updated succession planning
  • Property owners in pollution-affected areas – With California having the worst air pollution in the nation, real estate values in areas like the Los Angeles basin and San Joaquin Valley could be impacted by continued poor air quality
  • Anyone concerned about long-term California policy stability – This represents a fundamental shift in state-federal relations that creates legal uncertainty

    • Why Did This Happen? The Legal and Political Battle Explained

    Republicans argued the mandate was costly, impractical, and removed consumer choice. Senator Shelley Moore Capito stated that while she has no problem with electric vehicles, she opposes “electric vehicle mandates that replace the will of the consumer”.

    Democrats, including California Senators Alex Padilla and Adam Schiff, countered that the Senate’s tactic was illegal and vital air quality protections were at stake. Governor Gavin Newsom vowed that “zero-emission vehicles are here to stay” and promised legal action.

    The Legal Challenge: What California Is Arguing

    California Attorney General Rob Bonta announced the state will file a lawsuit claiming unlawful use of the Congressional Review Act. The state’s legal argument centers on three key points:

  • The Congressional Review Act applies only to regulations, and EPA waivers are not regulations
  • The waivers are already in effect, with the diesel truck waiver issued more than two years ago, outside the time limits of the review act
  • The Senate’s Parliamentarian and the Government Accountability Office both stated Congress cannot review Clean Air Act waivers

    • UCLA law professor Ann Carlson called the decision “totally norm-busting,” noting that “we’re just in a completely new territory”.

    What Does This Mean for Your Family’s Financial Future?

    For California families managing assets and planning estates, this development raises several critical questions:

    1. How will this affect property values in pollution-affected areas?

    California still has some of the worst air pollution in the country, with residents in inland parts of the LA basin breathing unhealthful air more than 100 days a year. Continued air quality issues could impact real estate valuations in affected regions.

    2. What happens to investments in green technology and electric vehicles?

    With 23% of new cars sold in California being zero-emission during early 2025, and Californians owning 2.2 million zero-emission vehicles, this policy uncertainty affects a substantial market segment.

    3. How does regulatory uncertainty affect business succession planning?

    Businesses in the automotive, trucking, and energy sectors face an unclear regulatory landscape. California may need to rely on voluntary efforts and financial incentives rather than mandates, though the state faces a $12 billion deficit.

    Estate Planning in Times of Policy Uncertainty: What California Residents Should Do

    Major legislative shifts like this Senate vote underscore why California residents need robust, flexible estate planning that can adapt to changing legal and economic landscapes. Here’s what you should consider:

    Review Asset Valuations Regularly

    If your estate includes:

  • Electric vehicle company stock
  • Charging infrastructure investments
  • Traditional automotive industry assets
  • Transportation or logistics businesses
  • Real estate in air quality-affected regions

    • Schedule regular reviews with your estate planning attorney to ensure your trust documents and financial plans reflect current asset values.

    Build Flexibility Into Your Trust Structure

    Revocable living trusts offer California residents the flexibility to adapt to policy changes without going through probate court. As regulatory landscapes shift, having a trust structure that allows modifications protects your family from costly legal proceedings.

    Consider Environmental Policy Impact on Long-Term Holdings

    California’s commitment to carbon-neutrality by 2045remains state law, even as federal support wavers. Families managing long-term California-based assets should factor in potential future policy swings when planning multi-generational wealth transfers.

    Protect Business Succession Plans

    If you own a business affected by vehicle emission standards, ensure your succession plan includes provisions for regulatory uncertainty. This might mean creating flexible governance structures within your trust that allow successors to adapt quickly to policy changes.

    The Broader Context: California’s Environmental Legacy at Stake

    For almost 60 years, California’s vehicle emissions standards have been central to cleaning up the state’s air. Vehicles remain the largest sources of smog-forming gases and fine particles of soot, which cause respiratory disorders, heart attacks, and other serious health problems.

    This Senate action represents what Dan Becker, director of the Center for Biological Diversity’s Safe Climate Transport Campaign, called “the first major legislative battle” in what he described as Trump and congressional allies declaring “war on the environment”.

    Will Barrett of the American Lung Association called it “a major blow to the decades-long public health protections delivered under the Clean Air Act”.

    What Happens Next?

    The legal battle is just beginning. California’s lawsuit will likely address whether Congress violated the Congressional Review Act’s limitations and whether the Senate improperly bypassed its own Parliamentarian’s ruling.

    During Trump’s first administration, California sued to reverse similar actions blocking air pollution regulations for cars. This new legal fight could take years to resolve, creating ongoing uncertainty for California residents and businesses.

    How California Probate and Trust, PC Can Help You Navigate Uncertainty

    Major policy shifts affecting California’s economy, environment, and regulatory landscape demonstrate why working with experienced California estate planning attorneys is crucial. At California Probate and Trust, PC, we help California residents create comprehensive estate plans that protect family wealth regardless of political or regulatory changes.

    Our services include:

  • Comprehensive estate planning consultations that assess how legislative changes may affect your specific assets
  • Revocable living trust creation and administration that provides flexibility as laws and asset values change
  • Business succession planning for California companies navigating regulatory uncertainty
  • Asset protection strategies for families with environmentally-affected real estate or industry-specific investments
  • Ongoing trust administration and updates as your circumstances and California law evolve

    • Schedule Your Free Consultation Today

    If you’re a California resident concerned about how major legislative changes like the electric vehicle mandate reversal might affect your estate, family business, or long-term financial plans, California Probate and Trust, PC offers free consultations to help you understand your options.

    Our experienced attorneys have helped thousands of California families create estate plans that protect what matters most – your family’s security and your legacy for future generations.

    Contact us today at cpt.law to schedule your free estate planning consultation.

    Source: CalMatters – US Senate blocks California’s electric car mandate in historic vote

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information contained herein regarding the U.S. Senate’s vote on California’s electric vehicle mandate and its potential implications is based on publicly available information as of the publication date. Laws, regulations, and legal interpretations are subject to change, and the outcome of California’s planned lawsuit is uncertain.

    Estate planning, trust administration, and asset protection strategies must be tailored to individual circumstances. This article does not create an attorney-client relationship between the reader and California Probate and Trust, PC. For specific legal advice regarding your estate planning needs, asset valuations, or how regulatory changes may affect your particular situation, please consult with a qualified California estate planning attorney.

    California Probate and Trust, PC practices exclusively in California. If you are not a California resident or do not have California-based assets, please consult with an attorney licensed in your jurisdiction.

    Categories
    California Probate Estate Planning Trusts

    Amanda Bynes flaunts new tattoo in Hollywood after revealing 30-pound Ozempic weight loss

    Amanda Bynes flaunts new tattoo in Hollywood after revealing 30-pound Ozempic weight loss

    Amanda Bynes’ Journey: What California Families Can Learn About Personal Transformation, Mental Health, and Estate Planning

    For California residents navigating personal challenges—whether managing family dynamics, planning for uncertain futures, or protecting loved ones—the story of Amanda Bynes offers unexpected lessons about transformation, transparency, and the importance of comprehensive legal planning.

    What Happened: Amanda Bynes’ Public Transformation

    Former Nickelodeon star Amanda Bynes recently made headlines after revealing her 30-pound weight loss using Ozempic and debuting a new “Trap Star” tattoo on her left hand. The actress, who previously weighed over 180 pounds, shared that she now weighs 152 pounds and credits the medication for her physical transformation.

    During a visit to Atomic Tattoo & Body Piercing in Hollywood, Bynes showcased her new ink on Instagram Stories, marking another visible change in her ongoing personal journey.

    Why This Matters for California Families: The Mental Health and Estate Planning Connection

    Bynes has been remarkably transparent about her mental health struggles, particularly depression, which she identified as a contributing factor to her weight gain. Her openness raises critical questions that many California families face:

  • How can families protect loved ones experiencing mental health challenges? Mental health crises can affect decision-making capacity and financial management.
  • What happens when a family member cannot manage their own affairs? Without proper legal safeguards, courts may need to intervene through conservatorships or guardianships.
  • How do you plan for uncertain futures? Whether facing health challenges today or anticipating them tomorrow, California residents need comprehensive protection strategies.

    • Real-World Applications: How Estate Planning Protects California Families

    For California residents managing family assets or concerned about protecting vulnerable loved ones, several legal tools provide essential safeguards:

    1. Healthcare Directives and Powers of Attorney

  • Advance Healthcare Directives ensure medical wishes are honored during mental health crises
  • Durable Powers of Attorney allow trusted individuals to manage financial affairs when capacity is compromised
  • HIPAA authorizations enable family members to access critical medical information

    • 2. Revocable Living Trusts for Asset Protection

  • Protect family assets during periods of vulnerability or incapacity
  • Avoid costly and public probate proceedings
  • Provide seamless financial management transitions without court intervention

    • 3. Comprehensive Mental Health Planning

  • Designate trusted agents before crises occur
  • Establish clear instructions for financial and healthcare management
  • Create privacy protections for sensitive family situations

    • Why California Residents Choose Specialized Estate Planning Support

    Stories like Amanda Bynes’ transformation remind us that life is unpredictable. California families managing mental health challenges, chronic conditions, or simply planning for the unexpected need legal structures that provide both protection and flexibility.

    California Probate and Trust, PC serves as a trusted one-stop resource for California residents seeking transparent, compassionate estate planning services. With over 1,000 clients served from offices in Fair Oaks, Sacramento, and San Francisco, the firm specializes in creating customized plans that protect families during life’s most challenging moments.

    What You Can Do Today to Protect Your California Family

  • Schedule a free estate planning consultation to assess your family’s unique needs
  • Review existing healthcare directives and powers of attorney to ensure they reflect current wishes
  • Consider whether a revocable living trust could protect your assets and provide peace of mind
  • Discuss mental health contingency planning with experienced California estate attorneys

    • Take Action: Protect Your Family’s Future

    If you’re a California resident concerned about protecting your family during uncertain times, or if you’re currently facing probate or estate challenges, California Probate and Trust, PC offers free consultations to help you understand your options.

    Contact California Probate and Trust, PC today at (866) 674-1130 or visit cpt.law to schedule your complimentary estate planning consultation.

    Source

    Original story: New York Post – Amanda Bynes flaunts new tattoo in Hollywood after revealing 30-pound Ozempic weight loss

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. Every family’s situation is unique, and estate planning decisions should be made in consultation with qualified legal professionals licensed in California. The information presented here is based on general principles and may not apply to your specific circumstances. California Probate and Trust, PC provides personalized consultations to assess individual needs and recommend appropriate legal strategies. Past results do not guarantee future outcomes. For specific legal guidance tailored to your situation, please schedule a consultation with a licensed California estate planning attorney.

    Categories
    California Probate Estate Planning Long Term Care Planning

    Former Police Officer Confronts GOP Lawmaker at January 6 Hearing

    Former Police Officer Confronts GOP Lawmaker at January 6 Hearing

    : What California Families Should Know About Accountability and Democracy

    A dramatic moment at a Congressional hearing highlights ongoing concerns about political accountability—and why protecting your family’s legacy matters more than ever

    Who This Article Is For

    If you’re a California resident concerned about preserving your family’s assets and protecting your loved ones during uncertain times, this news story carries an important reminder: accountability, transparency, and proper legal planning matter—whether in our democracy or in your personal estate.

    What Happened at the January 6 Hearing?

    During a Thursday hearing before the House Judiciary Committee, a tense exchange captured national attention. Former Washington, DC police officer Michael Fanone—who was severely beaten during the January 6, 2021 Capitol riot—interrupted Republican Rep. Troy Nehls of Texas with two blunt words: “F**k yourself”.

    The confrontation occurred as Nehls attempted to shift blame for the riot away from former President Donald Trump, instead pointing to “the US Capitol leadership team”. Fanone, who was dragged out and beaten in one of the most violent clashes that day, sat in the audience alongside three other officers who responded to the attack: Aquilino Gonell, Harry Dunn, and Daniel Hodges.

    Why Jack Smith’s Testimony Matters

    The hearing featured former Special Counsel Jack Smith, who led two prosecutions against Trump. In his first public appearance before lawmakers, Smith expressed shock at the Capitol attack and issued a stark warning about democracy.

    “If we don’t hold people to account when they commit crimes, it sends a message that those crimes are okay, that our society accepts that … it can endanger our election process, it can endanger election workers, and ultimately our democracy,” Smith testified.

    Smith warned of “potentially catastrophic ongoing threats” to US democracy stemming from the failure to hold Trump accountable for attempts to overturn the 2020 election.

    What Does This Mean for California Families?

    While this political drama may seem disconnected from your daily life, it underscores a critical principle that applies to estate planning: accountability and transparency protect what matters most.

    Just as our democracy requires clear rules and consequences, your family’s financial future requires:

  • Clear documentation of your wishes through wills, trusts, and healthcare directives
  • Transparent structures that prevent disputes and protect your heirs
  • Legal accountability through proper estate administration and probate processes
  • Proactive planning to prevent family conflicts when you’re no longer able to advocate for yourself

    • How Can California Families Protect Their Legacy?

    The uncertainty in our political landscape makes it more important than ever to secure what you can control. For California residents managing assets or planning for the future, proper estate planning ensures:

  • Your family avoids costly probate disputes
  • Your assets transfer smoothly to the next generation
  • Your healthcare wishes are honored if you become incapacitated
  • Your loved ones have clear guidance during difficult times

    • Take Action to Protect Your Family Today

    Don’t wait for a crisis to think about protecting your family’s future. At California Probate and Trust, PC, we provide compassionate, transparent estate planning services designed specifically for California residents who value family protection and legal clarity.

    Our experienced attorneys offer:

  • Free estate planning consultations to assess your needs
  • Clear, affordable trust and will packages
  • Comprehensive probate assistance when you need it most
  • Personalized guidance through every step of the process

    • Schedule Your Free Consultation

    Contact California Probate and Trust, PC today at (866)-674-1130 or visit cpt.law to schedule your no-obligation consultation. Let us help you create a plan that protects your legacy and gives your family peace of mind.

    Source

    Original article: “‘F**k yourself’: Michael Fanone, former MPD officer who was beaten during Jan. 6 riot, tells GOP lawmaker” – CNN Politics, January 22, 2026

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information contained herein should not be relied upon as a substitute for legal counsel. Every estate planning situation is unique and requires individualized legal guidance. California Probate and Trust, PC makes no representations or warranties regarding the accuracy, completeness, or timeliness of the information presented. For specific legal advice regarding your estate planning needs, please schedule a consultation with a qualified California estate planning attorney. Past results do not guarantee future outcomes.

    Categories
    California Probate Estate Planning Trusts

    Rob Reiner and Michele Singer Reiner Deaths: What California Families Need to Know About Slayer Statutes and Estate Planning Protection

    Rob Reiner and Michele Singer Reiner Deaths: What California Families Need to Know About Slayer Statutes and Estate Planning Protection

    For California Residents Managing Family Estates and Protecting Their Legacy

    If you’re a California resident concerned about protecting your family’s assets and ensuring your estate plan works as intended—even in the most tragic circumstances—understanding slayer statutes and simultaneous death provisions is essential. The recent deaths of Rob Reiner and his wife Michele Singer Reiner raise critical questions that many California families face when planning their estates.

    Source: Wealth Management – Rob Reiner, Slayer Statutes and Simultaneous Death

    ## What Happened: The Rob Reiner Case

    Hollywood director Rob Reiner and his wife Michele Singer Reiner were found deceased in their Brentwood home. Their son, Nick Reiner, was arrested as the primary suspect. This tragic situation brings two critical estate planning concepts into sharp focus for California families:

  • Slayer statutes – laws preventing murderers from inheriting from their victims
  • Simultaneous death provisions – rules governing estate distribution when spouses die at the same time

    • ## How Can California’s Slayer Statute Protect My Family’s Estate?

    California Probate Code §250, commonly known as the “slayer statute,” ensures that someone who intentionally and feloniously kills another person cannot benefit from that crime. This law became widely known during the Menendez brothers case in 1989.

    What the slayer statute prevents:

  • Inheriting property from the victim
  • Benefiting from wills and trusts
  • Serving as executor or trustee for the victim’s estate
  • Receiving life insurance proceeds, retirement accounts, or transfer-on-death assets
  • Exercising powers of appointment

    • The law treats the killer as if they died before the victim, effectively cutting them out of the inheritance.

    ## What Are the Exceptions to California’s Slayer Statute?

    Not every death triggers the slayer statute. Important exceptions include:

  • Justifiable homicide – self-defense situations
  • Accidental deaths – unintentional killings
  • Cases involving mental illness – though the law remains unclear in these situations
  • Assisted suicide – another legally murky area

    • ## Do I Need a Criminal Conviction for the Slayer Statute to Apply?

    Here’s what many California residents don’t realize: estate distribution happens in civil probate court, not criminal court. This means:

  • The burden of proof is lower (preponderance of evidence vs. beyond reasonable doubt)
  • The slayer statute can be invoked even without a criminal conviction
  • A criminal conviction serves as conclusive evidence, but isn’t required

    • This distinction is crucial for families navigating complex estate situations where criminal proceedings may be ongoing or inconclusive.

    ## What Happens When Spouses Die Simultaneously in California?

    California follows the Uniform Simultaneous Death Act (USDA), which addresses what happens when both spouses die at the same time or when the order of death cannot be determined.

    The 120-hour rule:

    If there’s no clear evidence that one spouse survived the other by at least 120 hours (five days), California law presumes each spouse predeceased the other. This means:

  • Each spouse’s half of community property is distributed according to their individual estate plan
  • If no estate plan exists, California intestate succession laws apply
  • Assets don’t automatically flow to the “surviving” spouse first

    • ## Why This Matters for California Community Property

    California is one of nine community property states. When married couples own assets together, proper estate planning becomes even more critical. The simultaneous death provisions ensure that:

  • Each spouse’s wishes are honored independently
  • Assets don’t pass through unintended beneficiaries
  • Family protections remain in place even in tragic circumstances

    • ## What Should California Families Do to Protect Their Estates?

    The Reiner case demonstrates why comprehensive estate planning is essential for every California family. Here’s what you should consider:

    1. Create or update your revocable trust

    Most California families benefit from revocable trusts rather than simple wills. Trusts provide:

  • Probate avoidance
  • Privacy protection
  • Clear succession planning
  • Contingency provisions for complex scenarios

    • 2. Address contingent beneficiaries

    Your estate plan should account for what happens if primary beneficiaries predecease you or are disqualified under slayer statutes.

    3. Review beneficiary designations

    Life insurance policies, retirement accounts, and transfer-on-death accounts need regular review to ensure they align with your overall estate plan.

    4. Consider family dynamics

    Estate planning isn’t just about documents—it’s about understanding your family’s unique challenges and protecting against worst-case scenarios.

    ## How California Probate and Trust, PC Can Help Protect Your Family

    At California Probate and Trust, PC, we understand that estate planning can feel overwhelming, especially when considering tragic scenarios like the Reiner case. Our certified estate planning specialists offer:

  • Free consultations to assess your unique situation
  • Transparent pricing with clear estate planning packages
  • Comprehensive services covering both legal structure and financial management
  • Compassionate guidance through difficult conversations about family protection

    • We’ve helped thousands of California families from our offices in Fair Oaks, Sacramento, and San Francisco create estate plans that protect their legacies across generations.

    ## Schedule Your Free Estate Planning Consultation

    Don’t wait for a crisis to address your estate planning needs. Whether you’re concerned about family dynamics, protecting your assets, or ensuring your wishes are honored, California Probate and Trust, PC provides the expertise and compassion you need.

    Contact us today:

  • Call: (866) 674-1130
  • Visit: cpt.law
  • Schedule your free one-hour consultation with our experienced estate planning attorneys

    • ## Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information presented is based on California law as of January 2026 and may change. Every estate planning situation is unique, and the application of slayer statutes and simultaneous death provisions depends on specific facts and circumstances. The Reiner case details referenced are based on early reports and may be subject to change as investigations proceed. For personalized legal guidance regarding your estate planning needs, please consult with a qualified California estate planning attorney. California Probate and Trust, PC offers free consultations to discuss your specific situation. No attorney-client relationship is created by reading this article.

    Categories
    California Probate Estate Planning Trusts

    How California Families Can Protect Their Loved Ones from Medicaid Estate Recovery: A Complete Guide for 2026

    How California Families Can Protect Their Loved Ones from Medicaid Estate Recovery: A Complete Guide for 2026

    Source: Justice in Aging – Mitigating the Harmful Effects of Medicaid Estate Recovery

    Who This Guide Is For

    If you’re a California resident who has a loved one receiving Medicaid benefits—or you’re planning for your own future long-term care—you need to understand Medicaid estate recovery. This policy allows the state to recover costs from a deceased beneficiary’s estate, potentially forcing families to sell their homes or deplete inheritances meant for children and grandchildren.

    This guide is designed for:

  • Adult children whose aging parents are on Medi-Cal (California’s Medicaid program)
  • Seniors and disabled individuals who rely on Medicaid for healthcare or long-term care
  • Estate planning attorneys and advocates working to protect vulnerable California families
  • Anyone concerned about preserving their family home after receiving government healthcare assistance

    • What Is Medicaid Estate Recovery and Why Does It Matter?

    Medicaid estate recovery is a federal requirement that allows states to recoup money spent on certain Medicaid services after a beneficiary passes away. In California, this means the state can place liens on homes, bank accounts, and other assets to recover costs for:

  • Nursing home care
  • Home and community-based services
  • Hospital and prescription drug costs for individuals age 55 and older

    • The problem: Many families don’t learn about estate recovery until after a loved one dies—when it’s too late to plan. The family home, which may have been in the family for generations, can be seized or forced into sale to satisfy the state’s claim.

    Real-World Example: How Estate Recovery Affects California Families

    Consider Maria, a 78-year-old Sacramento resident who received Medi-Cal benefits for in-home care services over five years. When Maria passed away, the state filed a claim against her estate for $180,000. Her adult daughter, who had been living in and maintaining the family home, was forced to either buy out the state’s interest or sell the property—despite having no other place to live.

    Cases like Maria’s happen thousands of times each year in California. Without proper planning, families lose their financial security and generational wealth.

    5 Proven Strategies to Protect Your Family from Medicaid Estate Recovery

    1. Establish a Living Trust Before Receiving Medicaid

    Placing your home and other assets into a properly structured living trust before applying for Medicaid can shield those assets from estate recovery. However, timing is critical—transferring assets within five years of applying for Medicaid can trigger penalty periods.

    Key considerations:

  • Work with an experienced California estate planning attorney who understands Medi-Cal rules
  • Ensure the trust is irrevocable for maximum protection
  • Plan early—ideally 5+ years before needing long-term care

    • 2. Use Exemptions and Hardship Waivers

    California law provides several exemptions from estate recovery, including:

  • Surviving spouse exemption: No recovery if a spouse survives the Medicaid recipient
  • Disabled or blind child exemption: No recovery if the deceased has a disabled or blind child of any age
  • Child caregiver exemption: If an adult child lived in the home for at least two years and provided care that delayed nursing home placement
  • Undue hardship waiver: Available when recovery would cause significant financial distress to surviving family members

    • Important: These exemptions must be actively claimed—they don’t happen automatically. Families need to file proper documentation with the California Department of Health Care Services (DHCS).

    3. Consider Life Estate Deeds

    A life estate deed allows a Medicaid recipient to retain the right to live in their home for life while transferring ownership to their children or other beneficiaries. This can remove the home from the probate estate subject to recovery.

    Pros:

  • Property passes outside of probate
  • Can potentially avoid estate recovery if structured correctly
  • Preserves the home for family members

    • Cons:

  • Subject to the five-year Medicaid look-back period
  • May have capital gains tax implications for beneficiaries
  • Can complicate future property sales or refinancing

    • 4. Advocate for Policy Changes at the State Level

    California advocates have successfully pushed for reforms to limit estate recovery. Recent changes include:

  • Elimination of recovery for community-based services (as of January 2017)
  • Expanded hardship waiver criteria
  • Improved notice requirements to families

    • Continuing advocacy efforts focus on further limiting recovery to only nursing home care and improving transparency in the recovery process.

    5. Work with Specialized Legal Counsel

    The intersection of Medicaid planning, estate planning, and probate law is complex. Generic online documents or non-specialized attorneys may miss critical protections that could save your family hundreds of thousands of dollars.

    What to look for in an attorney:

  • Specific experience with California Medi-Cal estate recovery cases
  • Understanding of both estate planning and elder law
  • Transparent fee structures and clear communication
  • A track record of successfully protecting family assets

    • How Can I Prepare If My Loved One Is Already Receiving Medicaid?

    Even if a family member is currently receiving Medi-Cal benefits, there are still steps you can take:

  • Document caregiving: If an adult child is providing care, keep detailed records of care activities and living arrangements
  • Understand exemption eligibility: Review whether your situation qualifies for any of California’s exemptions
  • Request a hardship waiver: Begin gathering financial documentation to support a hardship claim
  • Consult with an attorney immediately: Even late-stage planning can sometimes reduce or eliminate estate recovery exposure

    • What Happens During the Estate Recovery Process in California?

    Understanding the timeline helps families prepare:

  • Notice period: DHCS must send notice of its intent to recover within a certain timeframe after death
  • Claim filing: The state files a claim against the estate during probate
  • Asset evaluation: The estate’s assets are assessed to determine what can be recovered
  • Exemption review: Families can submit exemption claims or hardship waiver requests
  • Settlement or payment: The estate must either pay the claim or negotiate a settlement

    • Critical timing note: Families typically have 30-90 days to respond to estate recovery notices. Missing deadlines can forfeit your rights to exemptions.

    Common Questions About Medicaid Estate Recovery

    Can the state take my house while I’m still alive?

    No. Medicaid estate recovery only occurs after the beneficiary’s death. Your home is protected while you’re living, and if your spouse still lives there.

    Does estate recovery apply to all Medicaid benefits?

    In California, recovery is limited to:

  • Nursing facility services
  • Home and community-based services for individuals age 55+
  • Related hospital and prescription drug services

    • Regular Medi-Cal benefits for doctors’ visits and basic healthcare are generally not subject to recovery.

    What if the estate has no assets?

    If there are no probate assets, there’s typically nothing for the state to recover. However, the state may still file liens against real property.

    Can I appeal an estate recovery claim?

    Yes. Families have the right to:

  • Challenge the amount of the claim
  • Assert exemptions
  • Request hardship waivers
  • Dispute the state’s valuation of assets

    • Why California Families Choose California Probate and Trust, PC for Estate Recovery Protection

    At California Probate and Trust, PC, we’ve helped hundreds of California families navigate the complex intersection of Medicaid planning, estate planning, and asset protection. Our approach combines:

  • Proactive planning: We help clients structure their estates before Medicaid becomes necessary, maximizing protection
  • Crisis intervention: Even when a loved one is already receiving benefits, we identify available protections and exemptions
  • Family-centered advocacy: We understand the emotional and financial stress of these situations and provide compassionate, clear guidance
  • Transparent pricing: Our estate planning packages are clearly structured with no hidden fees

    • With offices in Fair Oaks, Sacramento, and San Francisco, we’ve served thousands of California families facing these exact challenges.

    Take Action Now: Protect Your Family’s Legacy

    Medicaid estate recovery doesn’t have to mean losing your family home or depleting your children’s inheritance. With proper planning and knowledgeable legal guidance, you can protect what you’ve built while still accessing the healthcare benefits you need.

    Next steps:

  • Schedule a free consultation: Contact California Probate and Trust, PC at (866) 674-1130 for a no-obligation discussion of your situation
  • Gather your documents: Bring information about current assets, Medicaid benefits, and family circumstances
  • Explore your options: Learn about trusts, exemptions, and other strategies specific to your family’s needs
    • Categories
    California Probate Estate Planning Trusts

    Estate and Inheritance Taxes: What You Need to Know to Protect Your Family’s Legacy in 2025

    Estate and Inheritance Taxes: What You Need to Know to Protect Your Family's Legacy in 2025

    Estate and Inheritance Taxes in California: What You Need to Know to Protect Your Family’s Legacy in 2025

    If you’re a California resident managing family assets or planning for the future, understanding how estate and inheritance taxes work—both federally and across state lines—is critical to protecting what you’ve built and ensuring your loved ones aren’t blindsided by unexpected tax burdens.

    While California itself does not impose a state-level estate or inheritance tax, many families with out-of-state property, multi-state assets, or beneficiaries living in other states may still face significant tax exposure. Here’s what California families need to know about estate and inheritance taxes in 2025.

    How Do Estate and Inheritance Taxes Work?

    Estate and inheritance taxes are two different mechanisms that states use to tax wealth transfers at death:

  • Estate taxes are paid by the decedent’s estate before assets are distributed to heirs. They are imposed on the overall value of the estate and typically apply to residents who die while domiciled in the taxing state, as well as nonresidents who own taxable property there.
  • Inheritance taxes are paid by the person who receives the bequest. These taxes are based on the amount each beneficiary inherits and are owed to the state where the decedent was domiciled or owned taxable property—regardless of where the heir lives.

    • Which States Have Estate or Inheritance Taxes in 2025?

    As of 2025, 12 states and the District of Columbia impose estate taxes, while 5 states levy inheritance taxes. Maryland is the only state that imposes both.

    Here’s what California families managing assets in these states should know:

  • Washington has the highest estate tax rate at 35%, assessed on estates valued at $9 million or more.
  • Hawaii follows with a top rate of 20% on estates exceeding $10 million.
  • Connecticut levies a flat 12% estate tax, paired with a high exemption threshold of $13.99 million, making it less burdensome than many other states.
  • Kentucky and New Jersey have the highest inheritance tax rates at 16%, while Maryland has the lowest at a flat 10%.

    • All five states with inheritance taxes—Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania—structure their rates based on the relationship between the beneficiary and the decedent. Close relatives typically face lower rates and higher exemptions, while distant relatives or non-family members are taxed more heavily.

    State Estate & Inheritance Tax Rates and Exemptions (as of October 1, 2025)

    Notes:

  • Connecticut’s exclusion matches the federal threshold as of January 1, 2023. Estate tax currently capped at $15 million.
  • In Kentucky, Nebraska, and New Jersey, the inheritance tax exemption varies by class of beneficiary. Maximum exemption amount is shown.
  • In Maryland, no inheritance tax is imposed if the estate’s total value does not exceed $50,000.

    • Source: Bloomberg Tax; state statutes. Data compiled by Katherine Loughead, Tax Foundation.

    What About the Federal Estate Tax?

    In addition to state-level taxes, the federal estate tax imposes a top marginal rate of 40% on estates that exceed the federal exemption threshold.For California families with significant wealth, this can represent a substantial tax liability—even if California itself doesn’t impose an estate tax.

    Real-World Scenarios: When Do California Families Face Estate or Inheritance Taxes?

    You might face estate or inheritance tax exposure if:

  • You own a vacation home, rental property, or investment real estate in a state with estate or inheritance taxes
  • You’ve recently moved to California from a state with these taxes, or you’re planning to relocate
  • Your beneficiaries live in states with inheritance taxes
  • You have family members who own property in multiple states
  • You’re managing an estate for a loved one who passed away while owning property in a taxing state

    • How Can You Protect Your Family from Unexpected Tax Burdens?

    The key to avoiding estate and inheritance tax surprises is proactive planning. Here’s how California families can take control:

  • Understand where you own property. If you have assets in states with estate or inheritance taxes, your estate plan needs to account for this.
  • Use trusts strategically. Revocable and irrevocable trusts can help minimize tax exposure and ensure assets pass to your heirs according to your wishes.
  • Review beneficiary designations. Make sure your estate plan reflects current tax laws and family dynamics.
  • Work with experienced estate planning professionals. Navigating multi-state tax issues requires specialized knowledge and careful coordination.

    • Why California Families Trust California Probate and Trust, PC

    At California Probate and Trust, PC, we understand that estate planning isn’t just about paperwork—it’s about protecting the people you love and the legacy you’ve worked so hard to build. Our team has helped thousands of California families navigate complex estate and probate matters with transparency, compassion, and personalized guidance.

    Whether you’re concerned about multi-state tax exposure, need to update an outdated estate plan, or want to ensure your family is protected no matter what the future holds, we’re here to help.

    Schedule Your Free Consultation Today

    Don’t leave your family’s future to chance. Contact California Probate and Trust, PC today to schedule a free, no-obligation consultation. We’ll walk you through your options, answer your questions, and help you create a plan that gives you peace of mind.

    Visit cpt.law or call (866) 674-1130 to get started.

    Source: Tax Foundation – Estate and Inheritance Taxes by State, 2025

    Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Estate planning laws vary by state and are subject to change. For personalized guidance tailored to your specific situation, please consult with a qualified estate planning attorney.

    Categories
    California Probate Estate Planning Trusts

    Why Unmarried Couples in California Can’t Afford to Skip Estate Planning: A Complete Legal Guide

    Why Unmarried Couples in California Can't Afford to Skip Estate Planning: A Complete Legal Guide

    Why Unmarried Couples in California Can’t Afford to Skip Estate Planning: A Complete Legal Guide

    If you’re living with a partner in California but aren’t married, you face a harsh legal reality: the state considers you legal strangers. No matter how many years you’ve been together, shared a home, or built a life—without proper estate planning documents, your partner has no automatic right to inherit your assets, make medical decisions for you, or even access your bank accounts in an emergency.

    This guide is for California residents in committed unmarried relationships who want to protect their partner and secure their shared future. Whether you’re domestic partners, long-term companions, or life partners, understanding California’s intestacy laws and taking action now can prevent devastating financial and emotional consequences later.

    ## The Problem: California Doesn’t Recognize Common-Law Marriage

    What happens if my partner dies without a will in California?

    Many couples believe that after living together for a certain number of years, they automatically gain spousal rights. This is false. California does not recognize common-law marriage formed within the state. Your years together, shared expenses, and joint commitments mean nothing to California’s intestacy laws.

    When an unmarried partner dies without an estate plan, California’s default succession rules direct all individually-owned assets to blood relatives:

  • Children and grandchildren receive assets first
  • If no children exist, the deceased’s parents inherit
  • If no parents survive, siblings and other relatives inherit

    • Your surviving partner receives nothing—even if you lived together for decades and intended for them to inherit everything.

    ## Five Critical Risks Unmarried California Couples Face Without Estate Planning

    ### Risk #1: Your Partner Won’t Inherit Anything

    Without a will or trust, California law excludes unmarried partners from inheritance entirely. Consider this real-world scenario from Oceanside: Partner A dies after 20 years together, leaving a substantial investment account in their name alone. Partner B, the survivor, receives nothing. Partner A’s estranged sibling inherits the entire account, potentially leaving Partner B financially devastated.

    How do I ensure my unmarried partner inherits my assets in California?

    The solution requires two key documents:

  • Revocable Living Trust: Transfer assets (bank accounts, investments, real estate) into a trust naming your partner as primary beneficiary. The trust ensures private, immediate transfer of property upon death without court involvement.
  • Pour-Over Will: Acts as a backup to capture any assets accidentally left outside the trust, directing them into the trust for your partner’s benefit.

    • ### Risk #2: No Medical Decision-Making Authority During Incapacity

    Can my partner make medical decisions for me if I’m unconscious in California?

    No—not without legal documentation. If your partner is suddenly hospitalized and cannot communicate, you have no inherent legal right to:

  • Access their medical records or speak with doctors
  • Make critical medical decisions, including surgery consent or end-of-life choices
  • Access bank accounts to pay joint bills or mortgage payments

    • In these crises, healthcare providers and financial institutions will only communicate with legally appointed blood relatives. Your partner could be making life-or-death decisions while you’re excluded from the room. Without legal authority, you would need to petition a court for conservatorship—a lengthy, public, and expensive process.

    The solution:

  • Advance Health Care Directive (AHCD): Names your partner as your legal healthcare agent, granting authority to access medical information and make all medical decisions according to your stated wishes.
  • Durable Power of Attorney for Finances (DPOA): Grants immediate legal access to your bank accounts, investments, and property management, allowing your partner to handle financial affairs without court intervention.

    • ### Risk #3: Losing Your Shared Home

    What happens to our house if my unmarried partner dies in California?

    How your deed is titled determines everything. If you own property as “tenants in common” (TIC), each partner owns a distinct percentage. When one partner dies without a trust or will, that percentage doesn’t pass to the surviving partner—it goes to the deceased partner’s blood relatives via intestacy.

    This creates a nightmare scenario: you may suddenly co-own your home with your deceased partner’s estranged family members. These new co-owners can legally force the sale of the house to cash out their inherited share, potentially leaving you homeless.

    Even “joint tenancy with right of survivorship” has limitations. While it automatically transfers the home to the survivor and avoids probate, it doesn’t provide incapacity planning or allow you to plan for what happens after the surviving partner passes away.

    The most robust protection: Have an estate planning attorney review your deed and transfer the property into a revocable living trust. The trust explicitly directs the property’s disposition, ensuring the surviving partner retains full ownership and controls the home’s final disposition.

    ### Risk #4: Child Custody Battles and Guardianship Uncertainty

    Who gets custody of our children if we’re both unmarried parents and something happens?

    For unmarried couples with minor children, lack of planning triggers painful custody battles. If a non-biological co-parent has no legal standing (through second-parent adoption or similar), they have virtually no right to seek custody. Courts appoint guardians based on “best interest of the child,” often favoring blood relatives even when deceased parents clearly preferred a close friend or other relative.

    The solution: A last will and testament is the only legal tool allowing parents to nominate a guardian for minor children. While judges must approve guardians, they give significant deference to parents’ written nominations, preventing family feuds and ensuring your children’s care reflects your wishes.

    ### Risk #5: Expensive, Lengthy California Probate

    How much does probate cost for unmarried couples in California?

    Without proper planning, unmarried couples almost guarantee a costly trip through California probate court. California probate is notoriously slow, public, and expensive:

  • Time: The process typically takes 12 to 18 months, during which the surviving partner may have no access to the deceased partner’s assets.
  • Cost: California probate fees are based on gross estate value (not net). For a modest $1,000,000 home in Oceanside, statutory fees could exceed $46,000—draining assets intended for the surviving partner.
  • Publicity: All estate details—asset values, debts, beneficiaries—become public record.

    • The solution: A revocable living trust avoids probate entirely. Since the trust legally owns the assets (not the individual), there’s no “estate” to probate. The successor trustee (usually the surviving partner) follows private trust instructions, transferring assets immediately and efficiently, saving tens of thousands of dollars and months of delay.

    ## The Complete Estate Planning Toolkit for Unmarried California Couples

    A comprehensive estate plan for unmarried couples requires four integrated documents:

    1. Revocable Living Trust (RLT)

  • Holds title to assets and provides instructions for management during life and distribution upon death
  • Allows assets to pass immediately and privately to the surviving partner, avoiding probate

    • 2. Advance Health Care Directive (AHCD)

  • Appoints your partner as medical agent and states end-of-life wishes
  • Ensures your partner has legal standing to speak with doctors and make decisions during medical crises

    • 3. Durable Power of Attorney for Finances (DPOA)

  • Grants authority to manage financial and legal affairs if you become incapacitated
  • Prevents costly conservatorship proceedings, providing immediate access to needed funds

    • 4. Nomination of Guardian (for parents)

  • Designates who will raise minor children if both parents cannot
  • Provides clear guidance to courts, protecting children from family conflict

    • ## Take Action Now: Protect Your Partner and Your Future

    Waiting to create an estate plan means choosing California’s default plan—one that excludes your life partner and invites expensive court intervention. Estate planning isn’t reserved for the wealthy or elderly; it’s a fundamental responsibility for anyone sharing their life and assets with someone the government doesn’t automatically recognize.

    California Probate and Trust, PC specializes in protecting unmarried couples throughout California. Our certified estate planning specialists understand the unique legal challenges facing domestic partners and long-term companions. We offer comprehensive, transparent estate planning packages designed specifically for your situation—from basic advance directives to complex trust structures that protect multi-generational wealth.

    Don’t let California’s intestacy laws decide your family’s future. Schedule your free estate planning consultation today to discuss how we can legally honor and secure your partnership.

    ## Schedule Your Free Consultation with California Probate and Trust, PC

    Contact our Sacramento office today:

    Phone: (866) 674-1130

    Website: cpt.law

    Our compassionate estate planning attorneys serve California residents from our offices in Fair Oaks, Sacramento, and San Francisco. We’ve protected thousands of families with personalized estate plans that provide legal certainty, family protection, and peace of mind.

    ## Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. Estate planning laws vary by jurisdiction and individual circumstances. The information presented is based on California law as of the publication date and may change. Readers should not act upon this information without seeking professional legal counsel from a licensed attorney in their jurisdiction. California Probate and Trust, PC does not guarantee specific legal outcomes. An attorney-client relationship is not established by reading this article or contacting our firm for general information. Formal engagement requires a signed representation agreement. For specific legal advice tailored to your situation, please schedule a consultation with one of our qualified estate planning attorneys.

    Categories
    California Probate Estate Planning Trusts

    What Happens to Your Estate Plan If You Die During a Divorce? Lessons from Shannen Doherty’s Case for California Families

    What Happens to Your Estate Plan If You Die During a Divorce? Lessons from Shannen Doherty's Case for California Families

    If you’re a California resident going through a divorce—or worried about what happens to your assets during this difficult transition—understanding how divorce timing affects your estate plan could be the difference between protecting your family’s inheritance and leaving it vulnerable to unintended consequences.

    The recent case of actress Shannen Doherty offers critical insights for anyone navigating divorce while also thinking about estate planning. Her story reveals what can go wrong when divorce isn’t finalized before death, and why California families need to act quickly to protect their wishes.

    Source: ElderLawAnswers – Shannen Doherty’s Estate Planning Amid Divorce

    The Critical Timing Issue: Why Divorce Finalization Matters

    Shannen Doherty’s divorce from photographer Kurt Iswarienko took over 15 months to finalize. She signed the divorce paperwork the day before her death on July 13, 2024, and her husband signed the same day. A judge approved the divorce just two days after she passed away.

    This timing was crucial. Because the divorce was finalized before her death, Doherty maintained complete control over her estate, which included:

  • A $6 million Malibu home
  • A Salvador Dali painting
  • Multiple vehicles
  • All her acting earnings
  • $251,000 in bank accounts
  • $1.88 million in stocks and bonds
  • $3 million in additional real estate
  • $134,000 in pension funds

    • What Could Have Gone Wrong: The Elective Share Problem

    If Doherty had died just days earlier—before the divorce was final—the outcome could have been dramatically different. Here’s what California residents need to understand:

    Your spouse may still have legal rights to your estate during divorce proceedings. Even when you’re legally separated and divorce papers are filed, until that divorce is finalized, your spouse remains your legal spouse with potential claims to your estate.

    If Iswarienko hadn’t been included in Doherty’s estate plan and the divorce wasn’t final, he could have filed a claim for an “elective share” of her estate—a legal right that surviving spouses have in many states to claim a portion of the deceased spouse’s assets, regardless of what the will says.

    This could have resulted in conflict between the surviving spouse and other heirs, potentially including Doherty’s mother Rosa and brother Sean, who survived her.

    Can You Change Your Estate Plan During Divorce in California?

    Here’s a question many divorcing California residents ask: “Can I update my will or trust to remove my soon-to-be ex-spouse before the divorce is final?”

    The answer is complicated. During divorce proceedings, you likely cannot change provisions in your estate plan that dictate who receives your money and property until the divorce becomes final. This means:

  • Any assets you would have left your spouse under a will, trust, or beneficiary designation would probably still go to them if you died before divorce finalization
  • Your hands may be tied legally, even though emotionally and practically you’ve separated
  • The person you’re divorcing could still inherit significant assets if you pass away unexpectedly

    • What Happens If You Die Without a Will During Divorce?

    In California, if you die without a will or trust (called dying “intestate”), state law determines who gets your assets. For someone going through divorce, this creates additional uncertainty because California’s intestacy laws would dictate what your not-yet-ex-spouse is entitled to receive.

    With over 670,000 divorces occurring in the United States in 2022 alone, this isn’t a rare scenario—it’s a common risk that many families face.

    How California Probate and Trust, PC Protects Your Family During Divorce

    At California Probate and Trust, PC, we understand that divorce is one of life’s most stressful transitions. When you’re already dealing with emotional turmoil and legal complexity, the last thing you want is uncertainty about whether your children, parents, or other loved ones will be protected.

    Our Sacramento-based estate planning attorneys specialize in helping California residents navigate the intersection of divorce and estate planning. We provide:

  • Clear guidance on timing: We help you understand exactly when you can make changes to your estate plan and what protective steps you can take immediately
  • Beneficiary designation updates: As soon as legally permissible, we assist in updating beneficiary designations on life insurance, retirement accounts, and other assets
  • Trust creation or modification: We can help create new trusts or modify existing ones to protect your assets and ensure they go to your intended heirs
  • Tax implication planning: We address potential tax consequences to ensure your estate plan is as efficient as possible
  • Transparent, fixed-fee packages: Unlike many firms, we offer clear pricing so you know exactly what to expect during an already uncertain time

    • Five Critical Steps to Take Right Now If You’re Divorcing

    If you’re a California resident currently going through or contemplating divorce, take these actions immediately:

  • Schedule a free consultation with an estate planning attorney. Don’t wait until the divorce is final—understand your options and limitations now.
  • Review all beneficiary designations. Identify which accounts and policies list your spouse as beneficiary so you’re ready to update them the moment you legally can.
  • Document your current wishes. Even if you can’t legally change everything immediately, having a clear record of your intentions helps guide future actions.
  • Consider what happens to jointly-owned property. Understand California’s community property laws and how they affect assets acquired during marriage.
  • Plan for incapacity, not just death. Update your advance healthcare directive and powers of attorney to ensure your soon-to-be ex-spouse isn’t making medical or financial decisions for you if you become incapacitated.

    • Why Trusts May Offer Better Privacy Than Wills During Divorce

    Doherty’s estate plan details remain unknown to the public, likely because she used a trust or beneficiary designations rather than relying solely on a will. This privacy advantage is particularly valuable during divorce, when you may not want details of your estate becoming public record.

    Trusts offer California families:

  • Privacy—they don’t go through public probate court
  • Faster distribution to heirs
  • Greater control over when and how assets are distributed
  • Protection from court challenges in many cases

    • Protect Your Legacy During Life’s Transitions

    Shannen Doherty’s case reminds us that life doesn’t pause during legal proceedings. She was simultaneously battling cancer and navigating a complex divorce—yet she took steps to ensure her wishes would be honored and her loved ones protected.

    You deserve that same peace of mind.

    At California Probate and Trust, PC, we’ve helped thousands of California families protect their assets and honor their wishes, even during complicated transitions like divorce. Our compassionate, experienced attorneys provide free consultations to help you understand your options without obligation.

    Schedule Your Free Estate Planning Consultation Today

    Don’t leave your family’s future to chance. Whether you’re currently divorcing, recently separated, or simply want to ensure your estate plan reflects your current wishes, California Probate and Trust, PC is here to help.

    Call us at (866) 674-1130 or visit cpt.law to schedule your free one-hour consultation.

    Our Fair Oaks, Sacramento, and San Francisco offices are ready to serve you with transparent pricing, personalized attention, and the expertise you need to protect what matters most.

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information presented is based on general legal principles and the specific case of Shannen Doherty as reported in public sources. Estate planning and divorce laws vary by state and individual circumstances. Every family’s situation is unique, and laws change over time. For advice specific to your situation, please consult with a qualified estate planning attorney licensed in California. California Probate and Trust, PC offers free consultations to discuss your individual needs. Nothing in this article creates an attorney-client relationship.