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Can a Marital Settlement Agreement Waive Spousal Rights After Death? What California Residents Need to Know About Welch v. Welch

Can a Marital Settlement Agreement Waive Spousal Rights After Death? What California Residents Need to Know About Welch v. Welch

Can a Marital Settlement Agreement Waive Spousal Rights After Death? What California Residents Need to Know About Welch v. Welch

If you’re going through a divorce in California or creating an estate plan after remarriage, understanding how marital settlement agreements affect inheritance rights is critical—especially when death occurs before divorce is finalized.

Who This Article Is For

This case matters if you are:

  • A California resident navigating divorce while managing significant assets
  • Someone worried about protecting your children’s inheritance if your spouse dies during divorce proceedings
  • A surviving spouse uncertain about your rights when divorce was pending at the time of death
  • An executor or trustee dealing with conflicting claims between a surviving spouse and adult children

    • The Key Question: Can You Waive Inheritance Rights Through a Divorce Settlement?

    Yes. According to the California Court of Appeal’s decision in Welch v. Welch (Case No. B311507, filed May 31, 2022), a party may waive their rights as a surviving spouse through a marital settlement agreement if the circumstances indicate the parties intended it to be a complete property settlement.

    What Happened in Welch v. Welch?

    Patricia and Freeman Welch were in the middle of divorce proceedings when Patricia died unexpectedly. Before her death, they had executed a predominantly handwritten marital settlement agreement (MSA) that Freeman submitted to the family court as part of his proposed judgment.

    Here’s the timeline that created the legal confusion:

  • The couple signed the MSA
  • Patricia died before the court entered judgment
  • Unaware of her death, the family court entered judgment dissolving the marriage
  • Nearly two years later, the appellate court voided the judgment because the family court lost jurisdiction when Patricia died
  • Brendon, one of their sons, filed a petition in probate court to enforce Freeman’s waiver of spousal rights in the MSA

    • The Court’s Ruling: Intent Matters More Than Specific Language

    The appellate court reversed the probate court’s decision and sided with the son. The court found that the parties intended the MSA to be a complete property settlement, which by California statute constitutes a waiver of all rights Freeman had in Patricia’s estate.

    Critically, the court established that:

  • Parties are not required to label their settlement as “partial” or “complete”
  • No specific legal language is needed to achieve statutory waiver
  • Courts must consider the totality of circumstances and may look at extrinsic evidence like the conduct and intent of the parties

    • Why This Case Matters for California Families

    This ruling has significant implications for:

    Divorcing spouses: If you die before your divorce is finalized, your marital settlement agreement may still determine what your spouse receives—even if the court never entered a final judgment. Your spouse could be prevented from claiming spousal inheritance rights if the agreement shows you both intended a complete division of property.

    Blended families: Adult children from prior relationships have legal standing to enforce waivers in marital settlement agreements to protect their inheritance when a parent dies during divorce.

    Estate planning clients: If you’re remarried and going through divorce, your existing estate plan may conflict with your marital settlement agreement. Both documents need to work together to protect your intended beneficiaries.

    How to Protect Your Family When Divorce and Death Intersect

    California residents facing divorce should take these steps to avoid costly probate litigation:

  • Make your intent clear in writing: While the court says you don’t need specific language, explicitly stating whether your settlement is “complete” or “partial” eliminates ambiguity
  • Update your estate plan immediately: Don’t wait until divorce is finalized to revise your will or trust
  • Document all property agreements: Even handwritten agreements can be enforceable, but detailed documentation of what you’re each keeping and waiving is essential
  • Consider what happens if you die during proceedings: Include provisions in your MSA that specifically address death before judgment

    • The Bottom Line

    The Welch v. Welch decision from California’s Second District Court of Appeal confirms that marital settlement agreements can effectively waive spousal inheritance rights—even when divorce isn’t finalized—if the totality of circumstances shows the parties intended a complete property division.

    For California families managing divorce, estate planning, or both simultaneously, this case underscores the importance of coordinating your legal documents and making your intentions crystal clear.

    Need Help Protecting Your Family During Divorce or Estate Planning?

    At California Probate and Trust, PC, we help California residents navigate the complex intersection of family law and estate planning. Whether you’re going through divorce, updating your estate plan after remarriage, or dealing with probate litigation involving spousal rights, our experienced attorneys provide the transparency and family protection you need.

    We offer free consultations to assess your situation and develop a clear plan that protects your assets and your loved ones—no matter what life brings.

    Schedule your free consultation today at cpt.law or call (866) 674-1130.

    Case Information

  • Case name: Welch v. Welch
  • Case number: B311507
  • Court: California Court of Appeal, Second District, Division Five
  • Filed: May 31, 2022
  • Full opinion: Read the complete Second District opinion
  • Source: California Lawyers Association – Welch v. Welch
    • Categories
    California Probate Estate Planning Trusts

    Wehsener v. Jernigan: What California Families Need to Know About Non-Biological Parent-Child Relationships in Intestate Succession

    Wehsener v. Jernigan: What California Families Need to Know About Non-Biological Parent-Child Relationships in Intestate Succession

    In probate of the estate of an intestate California decedent, clear and convincing evidence of a non-biological parent-child relationship established the presumption of natural parentage forming the basis of the claim of heirship, even though the parent-child relationship was effectuated outside California.

    The petitioner, Shannon, was the decedent’s cousin and claimed to be his sole intestate heir. Judy objected, claiming she qualified as a natural heir, having been held out as a natural child by Charles, the decedent’s uncle. Judy contended she was entitled to one-half of the decedent’s estate as issue of the decedent’s maternal grandparents. On the bifurcated issue of heirship, tried on stipulated facts, the probate court determined that Judy was an intestate heir. Under California law, clear and convincing evidence established that Charles received Judy into his home in Indiana and openly held Judy out as his natural child, including in public records dating back to at least 1961 and in his last will and testament. Thus, he was presumed to be Judy’s natural parent and she was therefore an heir at law.

    The appellate court affirmed. Shannon failed to present evidence to rebut the presumption of natural parentage, and that presumption cannot be rebutted purely on public policy grounds. The appellate court also rejected Shannon’s argument that California law should not apply because the parent-child relationship was effectuated in Indiana. California law applies to determine parentage-related claims of heirship for a decedent domiciled in California at death. Moreover, California’s public policy encourages protection and preservation of the parent-child relationship and the result under Indiana law was immaterial to the analysis.

    Case Details:

  • Cite as: D079623
  • Filed: December 28, 2022
  • Court: Fourth District, Div. One
  • Author: Jaime B. Herren, Holland & Knight LLP
  • Headnote: Intestate Succession – Presumption of Natural Parentage

    • Source: California Lawyers Association – Wehsener v. Jernigan

    Full Opinion: Fourth District Opinion PDF

    Wehsener v. Jernigan: What California Families Need to Know About Non-Biological Parent-Child Relationships in Intestate Succession

    If you’re managing the estate of a deceased loved one in California—or planning your own estate—and you’re dealing with complex family relationships that include non-biological parent-child bonds, you need to understand how California courts determine heirship. The Wehsener v. Jernigan case provides crucial guidance on how these relationships are legally recognized in probate proceedings.

    Who This Matters For

    This case is essential reading for California residents who:

  • Are administering an estate where someone claims to be an heir based on a parent-child relationship that was not biological
  • Have been raised by someone who is not their biological parent and want to understand their inheritance rights
  • Are concerned about protecting family relationships formed through love and care, not just genetics
  • Need to understand how California law handles heirship claims when the parent-child relationship was established in another state

    • The Case: What Happened in Wehsener v. Jernigan

    When a California resident died without a will (intestate), two people claimed to be heirs:

  • Shannon, the decedent’s cousin, claimed to be the sole intestate heir
  • Judy objected, claiming she qualified as a natural heir because she had been held out as the natural child of Charles, the decedent’s uncle

    • Judy argued she was entitled to one-half of the estate as issue of the decedent’s maternal grandparents. The probate court agreed with Judy.

    How Did the Court Decide? The Presumption of Natural Parentage

    Under California law, the court found clear and convincing evidence that Charles:

  • Received Judy into his home in Indiana
  • Openly held Judy out as his natural child
  • Listed her in public records dating back to at least 1961
  • Named her in his last will and testament

    • Based on this evidence, Charles was presumed to be Judy’s natural parent, making her an heir at law.

    Key Legal Principles: What You Need to Understand

    1. The Presumption Cannot Be Rebutted on Public Policy Grounds Alone

    Shannon failed to present evidence to rebut the presumption of natural parentage. The appellate court made clear that this presumption cannot be rebutted purely on public policy grounds.

    2. California Law Applies Even When the Relationship Was Formed Elsewhere

    Shannon argued that California law shouldn’t apply because the parent-child relationship was established in Indiana. The appellate court rejected this argument, ruling that California law applies to determine parentage-related claims of heirship for anyone domiciled in California at death.

    3. California Public Policy Protects Parent-Child Relationships

    The court emphasized that California’s public policy encourages protection and preservation of the parent-child relationship. The result under Indiana law was immaterial to the analysis.

    What This Means for Your Family

    If you’re dealing with similar circumstances—whether as someone who was raised by a non-biological parent or as an executor managing an estate with competing heirship claims—this case establishes that:

  • Non-biological parent-child relationships can create inheritance rights in California
  • Clear and convincing evidence of being “held out” as a natural child is sufficient to establish the presumption of parentage
  • Where the relationship was formed (which state) doesn’t matter if the decedent died as a California resident
  • California courts prioritize protecting family relationships formed through care and recognition, not just genetics

    • Protecting Your Family’s Future

    Cases like Wehsener v. Jernigan highlight why proper estate planning is essential. When family dynamics include non-biological parent-child relationships, blended families, or other complex situations, having a clearly documented estate plan prevents costly litigation and protects the people you love.

    At California Probate and Trust, PC, our experienced Sacramento-based attorneys help California residents navigate both probate proceedings and proactive estate planning. Whether you’re facing heirship disputes now or want to ensure your wishes are honored in the future, we provide transparent guidance tailored to your family’s unique situation.

    Case Details

  • Case Citation: D079623
  • Filed: December 28, 2022
  • Court: Fourth District, Division One

    • Source: California Lawyers Association – Wehsener v. Jernigan

    Full Opinion: Fourth District Opinion PDF

    Need Help with Probate or Estate Planning?

    If you’re dealing with complex heirship issues, administering an estate, or want to create a comprehensive estate plan that protects your family, California Probate and Trust, PC offers free consultations to California residents.

    Schedule your free consultation today at CPT.Law or call (866) 674-1130.

    Categories
    California Probate Estate Planning Trusts

    What California Families Should Know About Legacy Planning After Valentino’s Passing: Protecting Your Estate and Creative Assets

    What California Families Should Know About Legacy Planning After Valentino's Passing: Protecting Your Estate and Creative Assets

    The recent passing of Italian fashion legend Valentino Garavani at age 93 serves as a powerful reminder for California residents: even the most successful individuals must plan for how their legacy—and the assets they’ve built—will be protected and transferred after they’re gone.

    Source: CNN – Italian fashion designer Valentino dies at 93

    Why This Matters for California Residents Managing Estates and Creative Legacies

    If you’re a California resident concerned about protecting your family’s financial future, or if you’re managing assets for someone who has passed, Valentino’s story offers important lessons about estate planning, business succession, and wealth preservation.

    Key Questions This Article Answers:

  • How can I protect a family business or creative legacy in California?
  • What happens when someone with significant assets passes away without proper planning?
  • How do I ensure my estate avoids probate complications?
  • What should I know about business succession planning in California?

    • Understanding Estate Planning Through Valentino’s Legacy

    Valentino Garavani built an empire over 45 years, retiring in 2008 after selling his company to Italian conglomerate HdP for approximately $300 million in 1998. His career spanned from founding his own line in Rome in 1959 to dressing Hollywood icons and global celebrities.

    For California families, this raises critical questions:

  • Business succession planning: Who takes over your business or creative work when you retire or pass away?
  • Asset protection: How do you preserve wealth across generations while minimizing tax exposure?
  • Intellectual property rights: How do you protect trademarks, designs, or creative assets?
  • Real property management: With multiple residences across countries (Valentino owned homes in London, Paris, New York, Spain, and Switzerland), how do you handle complex estate administration?

    • What California Probate and Estate Planning Can Do for You

    Whether you’re facing probate now or want to avoid it in the future, California Probate and Trust, PC offers comprehensive solutions designed specifically for California residents who value transparency and family protection.

    Common Estate Planning Scenarios We Help With:

  • Business owners who need succession plans to protect decades of work
  • Families with multiple properties requiring coordinated estate administration
  • Individuals with significant assets seeking to minimize probate costs and delays
  • Blended families needing clear directives to prevent disputes
  • Creative professionals protecting intellectual property and royalties

    • How to Protect Your Legacy: Practical Steps for California Residents

    1. Establish a Revocable Living Trust

    A revocable living trust allows you to maintain control of your assets during your lifetime while ensuring they transfer smoothly to your beneficiaries without going through probate. This is especially important for California residents with real estate, business interests, or valuable collections.

    2. Create a Comprehensive Business Succession Plan

    Like Valentino’s transition when creative directors Maria Grazia Chiuri and Pierpaolo Piccioli were appointed in 2008, your business needs a clear succession strategy. This prevents family disputes and ensures your life’s work continues according to your wishes.

    3. Document Your Healthcare Directives

    Valentino “peacefully passed away today at his residence in Rome, surrounded by the love of his family”. Advance healthcare directives ensure your medical wishes are honored and your family knows how to proceed during difficult times.

    4. Update Your Estate Plan Regularly

    Estate plans should evolve with your life circumstances—marriages, divorces, births, business changes, and asset acquisitions all require updates to your legal documents.

    What Happens Without Proper Estate Planning in California?

    Without a comprehensive estate plan, California families face:

  • Lengthy probate proceedings (often 12-18 months or longer)
  • Court fees and attorney costs consuming 3-7% of estate value
  • Public disclosure of all assets and beneficiaries
  • Potential family disputes over unclear intentions
  • Loss of business continuity and asset value
  • Unnecessary estate tax exposure

    • Why Choose California Probate and Trust, PC?

    Our Sacramento-based firm has represented thousands of clients throughout California, offering:

  • Free one-hour consultations to understand your unique situation
  • Transparent pricing packages with no hidden fees
  • Certified estate planning specialists with deep California law expertise
  • Comprehensive services covering both estate planning and probate administration
  • Compassionate guidance during emotionally challenging times

    • Take Control of Your Legacy Today

    Don’t leave your family’s future to chance. Whether you’re planning ahead or navigating probate now, California Probate and Trust, PC provides the expertise and support you need.

    Schedule Your Free Estate Planning Consultation

    Contact California Probate and Trust, PC today:

  • Call: (866)-674-1130
  • Visit: cpt.law
  • Offices in Fair Oaks, Sacramento, and San Francisco

    • Our experienced attorneys will walk you through your options, explain the process in plain language, and help you create a plan that protects your family for generations to come.

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. Every estate planning situation is unique and requires individual analysis. The information presented here is based on California law as of January 2026 and may change. For specific legal guidance regarding your circumstances, please schedule a consultation with a qualified estate planning attorney. California Probate and Trust, PC does not guarantee any specific outcomes and past results do not guarantee future performance. Attorney-client relationships are only formed through written engagement agreements.

    Categories
    California Probate Estate Planning Trusts

    Trump-Norway Text Exchange on Greenland: What California Families Should Know About International Estate Planning

    Trump-Norway Text Exchange on Greenland: What California Families Should Know About International Estate Planning

    Source: The New York Times

    What This News Means for California Residents with International Assets

    If you’re a California resident with family ties, property, or business interests that cross international borders, recent diplomatic communications between former President Donald Trump and Norway’s Prime Minister highlight an important reality: international relations, territorial disputes, and cross-border legal frameworks can shift unexpectedly—and your estate plan needs to account for that complexity.

    The recently revealed text messages between Trump and Norway’s Prime Minister regarding Greenland acquisition discussions demonstrate how quickly geopolitical conversations can evolve. For families managing assets across multiple jurisdictions, this serves as a crucial reminder: you need an estate plan that protects your legacy regardless of political or territorial changes.

    Who This Article Is For

    This guide is designed for California residents who:

  • Own property, business interests, or financial assets in Greenland, Denmark, Norway, or other Scandinavian countries
  • Have family members living abroad who may inherit California-based assets
  • Are concerned about how international political developments could affect cross-border inheritance and taxation
  • Want to ensure their estate plan remains valid and enforceable across multiple jurisdictions
  • Need clarity on how to structure trusts and wills when beneficiaries or assets span different countries

    • The Trump-Norway Exchange: Key Takeaways

    According to the New York Times report, the text exchange between Trump and Norway’s Prime Minister revealed candid diplomatic discussions about Greenland—a Danish territory with strategic importance. While the conversations included both serious geopolitical considerations and lighter moments, they underscore several realities that affect estate planning:

  • Territorial sovereignty can be a topic of international negotiation: Assets located in territories subject to political discussions may face uncertain legal frameworks
  • Cross-border relationships require careful diplomatic and legal navigation: What works in one jurisdiction may not translate smoothly to another
  • International communication happens faster than legal systems adapt: Your estate plan must be robust enough to withstand sudden geopolitical shifts

    • How International Political Developments Affect Your Estate Plan

    1. Multi-Jurisdictional Asset Protection

    When you own assets in multiple countries, each jurisdiction has its own:

  • Inheritance tax laws and estate tax treaties
  • Requirements for valid wills and trusts
  • Rules about who can inherit and how assets transfer
  • Probate processes and timelines

    • A territorial discussion like the Trump-Norway Greenland exchange reminds us that jurisdictional boundaries—and the laws that govern them—can shift. California residents with Scandinavian or Danish assets need estate plans that account for these complexities.

    2. Tax Treaty Considerations

    The United States has estate tax treaties with several countries to prevent double taxation. However, geopolitical changes can affect how these treaties are interpreted or applied. Key questions include:

  • How will my heirs be taxed if they inherit property in Denmark or Greenland while residing in California?
  • What happens if territorial agreements change the applicable tax jurisdiction?
  • Can I structure my trust to minimize tax exposure across multiple countries?

    • 3. Beneficiary Access and Distribution

    If your beneficiaries live abroad or you own international property, you need to ensure:

  • Your trust documents are recognized in all relevant jurisdictions
  • Your chosen trustee can legally operate across borders
  • Distribution mechanisms account for currency exchange, international wire transfer regulations, and foreign inheritance laws

    • Real-World Use Case: California Family with Danish Business Interests

    Consider this scenario: Maria, a California resident, inherited a commercial property interest in Greenland from her Danish grandmother. She wants to ensure that when she passes, her children—who live in Sacramento—can seamlessly inherit and manage this asset without facing unexpected tax burdens or legal barriers.

    Questions Maria needs answered:

  • Should I hold the Greenland property in a California revocable trust or establish a separate Danish estate structure?
  • How do I minimize estate taxes in both California and Denmark?
  • What happens if Greenland’s political status changes in the future?
  • Who should serve as trustee if they need to manage assets in multiple countries?

    • An experienced California estate planning attorney like those at California Probate and Trust, PC can help Maria structure a comprehensive plan that addresses these cross-border concerns while ensuring her family’s protection.

    Best Practices for California Residents with International Assets

    1. Work with Attorneys Who Understand Cross-Border Estate Planning

    Not all estate planning attorneys have experience navigating international asset protection. Look for a firm that:

  • Has handled multi-jurisdictional trusts and probate matters
  • Understands U.S. estate tax treaties with Scandinavian countries
  • Can coordinate with foreign legal counsel when necessary
  • Provides transparent pricing for complex international planning

    • 2. Consider Both Revocable and Irrevocable Trust Structures

    Depending on your assets and goals, you may benefit from:

  • Revocable living trusts that allow you to maintain control while avoiding California probate
  • Irrevocable trusts that provide asset protection and potential tax advantages across jurisdictions
  • Foreign grantor trusts that comply with both U.S. and international tax reporting requirements

    • 3. Update Your Estate Plan When Geopolitical Circumstances Change

    Major international developments—like territorial discussions, new tax treaties, or changes in foreign inheritance laws—should trigger an estate plan review. California Probate and Trust, PC recommends reviewing your plan:

  • Every 3-5 years at minimum
  • After any major life event (marriage, divorce, birth, death)
  • When you acquire or dispose of international assets
  • Following significant geopolitical developments affecting your asset locations

    • 4. Establish Clear Powers of Attorney That Work Internationally

    Your financial power of attorney and healthcare directives should:

  • Be valid in all jurisdictions where you own assets or may receive care
  • Designate agents who can act across international boundaries
  • Include specific language authorizing international asset management

    • How California Probate and Trust, PC Can Help

    At California Probate and Trust, PC, we understand that California residents with international ties need more than a one-size-fits-all estate plan. Our experienced attorneys provide:

  • Free consultations to assess your cross-border estate planning needs
  • Transparent, fixed-fee packages so you know exactly what to expect
  • Comprehensive trust and probate services that protect both your California and international assets
  • Coordination with foreign legal counsel when your situation requires multi-jurisdictional expertise

    • We’ve helped thousands of California families navigate complex estate planning scenarios, from simple wills to sophisticated international trust structures. Whether you’re concerned about how political developments might affect your Scandinavian assets or simply want to ensure your family is protected, we’re here to provide clarity and peace of mind.

    Frequently Asked Questions

    Can I use a California trust to hold property in Greenland or Denmark?

    Yes, but you’ll need to ensure the trust complies with both California law and the property laws of the foreign jurisdiction. Some countries require additional registration or impose restrictions on foreign ownership. An experienced estate planning attorney can help structure your trust appropriately.

    What happens if I die while owning property in multiple countries?

    Without proper planning, your heirs may face probate proceedings in each country where you own assets. This can be time-consuming, expensive, and complicated. A well-structured revocable living trust can help your family avoid multiple probate proceedings.

    How do international estate tax treaties work?

    The U.S. has estate tax treaties with several countries to prevent your estate from being taxed twice on the same assets. However, these treaties vary by country and can be complex to navigate. Professional guidance ensures you maximize available treaty benefits.

    Should I create separate wills for different countries?

    In some cases, yes. Multiple wills can be useful when you own real estate or business interests in countries with specific legal requirements. However, these wills must be carefully coordinated to avoid conflicts. Your estate planning attorney can advise on the best approach for your situation.

    Take Action: Protect Your International Legacy Today

    Don’t wait for geopolitical uncertainty to threaten your family’s inheritance. If you’re a California resident with assets or family connections abroad, now is the time to ensure your estate plan provides comprehensive protection.

    Schedule your free consultation with California Probate and Trust, PC today:

  • Call: (866) 674-1130
  • Visit: cpt.law
  • Locations: Fair Oaks, Sacramento, and San Francisco

    • During your consultation, we’ll review your international assets, discuss your family’s unique needs, and develop a clear roadmap for protecting your legacy across borders. Our compassionate, experienced attorneys will walk you through every step of the process, ensuring you leave with confidence and clarity.

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. Estate planning laws vary by jurisdiction and change frequently, particularly in international contexts. The information presented here is based on general principles and should not be relied upon as specific guidance for your situation. For personalized legal advice regarding your estate planning needs, especially those involving international assets, please consult with a qualified attorney licensed in your jurisdiction. California Probate and Trust, PC provides free consultations to California residents seeking estate planning guidance. No attorney-client relationship is created by reading this article or visiting our website. Past results do not guarantee future outcomes.

    Article published January 19, 2026 | Based on reporting from The New York Times

    Categories
    Estate Planning Long Term Care Planning Trusts

    Can I Continue Contributing to a Roth IRA After Age 62? A Complete Guide for California Retirees

    Can I Continue Contributing to a Roth IRA After Age 62? A Complete Guide for California Retirees

    If you’re 62, retired, and wondering whether you can still save for the future through a Roth IRA, you’re not alone. Many California retirees face this exact question as they transition into their post-career years while seeking to maintain financial security and flexibility.

    The short answer: There is no age limit for contributing to a Roth IRA, as long as you have earned income. This guide will help you understand how Roth IRAs work in retirement, who they benefit most, and how to integrate them into your broader estate and financial plan.

    Source: MarketWatch – “I’m 62, retired and want to keep saving. Is there an age limit for Roth IRAs?”

    Who Should Keep Contributing to a Roth IRA After Retirement?

    This article is for California residents who:

  • Are age 62 or older and still earning income from part-time work, consulting, or self-employment
  • Want to continue building tax-free savings for themselves or their heirs
  • Are planning their estate and looking for tax-efficient ways to transfer wealth
  • Value financial flexibility and want to avoid required minimum distributions (RMDs)

    • If you’re managing California-based assets and want to protect your family’s financial future, understanding how Roth IRAs fit into your estate plan is essential.

    What Are the Rules for Contributing to a Roth IRA After Age 62?

    Many retirees mistakenly believe that once they stop working full-time, they can no longer contribute to retirement accounts. Here’s what you need to know:

    1. You Must Have Earned Income

    To contribute to a Roth IRA, you need to have earned income from:

  • Wages or salary from part-time or full-time work
  • Self-employment income (consulting, freelance work, small business)
  • Alimony received (if the divorce was finalized before 2019)

    • Note: Income from pensions, Social Security, annuities, or investment dividends does not count as earned income for IRA contribution purposes.

    2. Income Limits May Apply

    For 2026, Roth IRA contributions are subject to income phase-out limits:

  • Single filers: Phase-out begins at $146,000 and ends at $161,000
  • Married filing jointly: Phase-out begins at $230,000 and ends at $240,000

    • If your income exceeds these thresholds, you may not be able to contribute directly to a Roth IRA. However, a “backdoor Roth IRA” conversion may still be an option—consult with a qualified financial advisor or estate planning attorney to explore this strategy.

    3. Contribution Limits

    For 2026, the annual Roth IRA contribution limit is:

  • $7,000 for those under age 50
  • $8,000 for those age 50 and older (includes a $1,000 “catch-up” contribution)

    • Why Continue Contributing to a Roth IRA in Retirement?

    There are several compelling reasons to keep funding a Roth IRA even after you’ve retired:

    1. Tax-Free Growth and Withdrawals

    Unlike traditional IRAs, Roth IRA contributions are made with after-tax dollars. This means:

  • Your money grows tax-free
  • Qualified withdrawals in retirement are 100% tax-free
  • You won’t pay taxes on earnings if you follow the rules (account open for 5+ years and you’re 59½ or older)

    • 2. No Required Minimum Distributions (RMDs)

    Traditional IRAs and 401(k)s require you to start taking RMDs at age 73 (as of 2024). Roth IRAs do not have RMDs during your lifetime, giving you:

  • Greater control over when and how much you withdraw
  • The ability to let your investments grow longer
  • A powerful estate planning tool to pass wealth to heirs

    • 3. Legacy Planning and Wealth Transfer

    If you don’t need the money in your Roth IRA during your lifetime, it becomes an excellent vehicle for passing wealth to your children or grandchildren. Benefits include:

  • Heirs can inherit the Roth IRA tax-free (if certain conditions are met)
  • Beneficiaries must take distributions within 10 years under current law, but those distributions remain tax-free
  • Roth IRAs are not subject to California state income tax upon inheritance

    • For California families managing multi-generational wealth, integrating Roth IRAs into your revocable living trust or estate plan can help minimize tax burdens and maximize what you leave behind.

    Real-World Example: How a Roth IRA Helps California Retirees

    Case Study: Susan, a 64-year-old retired teacher from Sacramento, works part-time as a consultant earning $25,000 per year. She contributes the maximum $8,000 annually to her Roth IRA. Over 10 years, assuming a 6% average annual return, her contributions could grow to approximately $110,000—completely tax-free. Because Susan doesn’t need this money for living expenses, she plans to leave it to her grandchildren, who will inherit it tax-free and can continue letting it grow for up to 10 more years.

    By working with California Probate and Trust, PC, Susan integrated her Roth IRA into a comprehensive estate plan that includes a revocable living trust, healthcare directives, and a durable power of attorney—ensuring her family is fully protected.

    How Does a Roth IRA Fit Into Your Estate Plan?

    If you’re a California resident concerned about estate taxes, probate, and protecting your family, it’s critical to view your Roth IRA as part of a larger financial and legal strategy.

    Key Considerations:

  • Beneficiary designations: Make sure your Roth IRA beneficiary forms are up to date and aligned with your trust and will
  • Coordination with trusts: In some cases, naming a trust as your Roth IRA beneficiary may provide additional control and protection
  • Tax planning: Work with an estate planning attorney to minimize estate and income taxes for your heirs
  • Probate avoidance: Roth IRAs pass directly to beneficiaries outside of probate, but must be properly coordinated with your overall estate plan

    • At California Probate and Trust, PC, we help clients integrate retirement accounts like Roth IRAs into comprehensive estate plans that protect both their financial assets and their loved ones.

    Common Questions About Roth IRAs for Retirees

    Can I convert my traditional IRA to a Roth IRA after age 62?

    Yes. There is no age limit on Roth conversions. However, you will owe income tax on the amount converted. This strategy can make sense if you expect to be in a higher tax bracket later or want to leave tax-free assets to heirs.

    What if I only have Social Security income?

    Social Security benefits do not count as earned income, so you cannot contribute to a Roth IRA based solely on Social Security. However, if you have any self-employment or part-time work income, you can contribute up to the lesser of your earned income or the annual limit.

    Should I prioritize a Roth IRA or paying down debt?

    This depends on your individual situation. If you have high-interest debt, paying that off may take priority. However, if your debt is manageable and you have earned income, contributing to a Roth IRA can provide long-term tax benefits and estate planning advantages.

    How California Probate and Trust, PC Can Help

    At California Probate and Trust, PC, we understand that retirement planning doesn’t stop at age 62. Our experienced estate planning attorneys help California residents:

  • Create comprehensive estate plans that integrate retirement accounts, real estate, and other assets
  • Establish revocable living trusts to avoid probate and protect your family
  • Develop tax-efficient wealth transfer strategies
  • Ensure your beneficiary designations align with your overall estate plan
  • Provide clarity and peace of mind during complex legal and financial decisions

    • Our firm has represented thousands of clients across Sacramento, Fair Oaks, and the Bay Area. We offer free consultations to help you understand your options and develop a plan tailored to your unique needs.

    Take Control of Your Retirement and Estate Plan Today

    If you’re 62 or older and still earning income, contributing to a Roth IRA can be a smart financial move—especially when integrated into a comprehensive estate plan. Whether you’re looking to maximize tax-free growth, avoid probate, or leave a lasting legacy for your family, the right legal and financial guidance makes all the difference.

    Ready to take the next step?

    Contact California Probate and Trust, PC today to schedule your free estate planning consultation. Our compassionate, experienced attorneys will help you navigate the complexities of retirement savings, estate planning, and wealth transfer—so you can focus on what matters most: protecting your family and your future.

    📞 Call us at (866) 674-1130 or visit cpt.law to get started.

    Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal, financial, or tax advice. The rules governing Roth IRAs, estate planning, and retirement accounts are complex and subject to change. Every individual’s situation is unique, and the information provided here may not apply to your specific circumstances. You should consult with a qualified estate planning attorney, financial advisor, or tax professional before making any decisions regarding Roth IRA contributions, conversions, or estate planning strategies. California Probate and Trust, PC does not guarantee any specific outcome or result based on the information in this article.

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    California Probate Estate Planning Trusts

    Trump’s 401(k) Home Buying Plan: What California Homeowners Need to Know

    Trump's 401(k) Home Buying Plan: What California Homeowners Need to Know

    # Trump’s 401(k) Home Buying Plan: What California Homeowners Need to Know

    ## Understanding the Proposed Retirement Fund Access for Home Down Payments

    If you’re a California resident struggling with home affordability and wondering “Can I use my retirement savings to buy a house?” or “How can I afford a down payment in California’s expensive housing market?” — you’re not alone. A new federal proposal may soon change the landscape of home buying options, but it comes with important legal and financial considerations.

    President Donald Trump is set to unveil a plan allowing Americans to tap into their 401(k) retirement accounts to fund home down payments. National Economic Council Director Kevin Hassett outlined the concept, suggesting that homebuyers could put 10% down on a home and then convert 10% of the home’s equity into an asset within their 401(k) account. The final details will be presented at the Davos World Economic Forum.

    ## Who Is This Plan For?

    This proposal primarily benefits:

  • Current 401(k) account holders — Only about 55% of Americans have retirement accounts, with an even smaller subset holding 401(k)s
  • Middle to upper-income earners — Low-income workers are least likely to have access to these retirement plans
  • First-time homebuyers with existing retirement savings who are looking for creative financing solutions

    • ## Critical Questions California Residents Should Ask

    What are the tax implications of withdrawing from my 401(k) for a home purchase?

    Currently, employees who withdraw money from retirement accounts typically face fees and taxes. The White House has not yet clarified the tax implications of the new proposal, making it essential to consult with estate planning and tax professionals before making any decisions.

    Will this plan actually make housing more affordable?

    Experts are skeptical. Daryl Fairweather, chief economist at Redfin, noted that using retirement funds for down payments won’t solve the housing affordability crisis, though it may help some people meet current financial needs. Jason Richardson of the National Community Reinvestment Coalition warned that the plan doesn’t address core affordability and supply problems.

    Richardson emphasized a critical concern: “This isn’t a targeted assistance program for people who need help with down payments — it’s giving people who already have substantial retirement savings more purchasing power, which will likely just drive home prices up further”.

    What risks come with draining my 401(k) to buy a home?

    Financial experts caution that homes can lose value, potentially putting buyers in a worse financial position if they’ve depleted their retirement savings. This is particularly important for California residents managing high-value assets in volatile real estate markets.

    ## Other Housing Affordability Measures to Consider

    The Trump administration has announced additional housing initiatives:

  • Corporate investor ban — A proposal to ban large corporate investors from purchasing single-family homes, though analysts question how significantly this would affect prices
  • Mortgage bond purchases — Fannie Mae and Freddie Mac have been directed to buy $200 billion worth of mortgage bonds, which contributed to the average 30-year mortgage rate falling below 6% for the first time in nearly three years

    • However, housing economists have cautioned that bond purchases may not substantially lower mortgage rates in the long term.

    ## How California Probate and Trust Can Help

    Making decisions about using retirement funds for major purchases like home buying requires careful legal and financial planning. At California Probate and Trust, PC, we help California residents navigate complex asset management decisions that affect both their current financial health and long-term estate plans.

    Our experienced attorneys can help you:

  • Understand the legal implications of accessing retirement funds for home purchases
  • Develop comprehensive estate plans that protect your assets and family
  • Structure trusts and financial management plans that align with your home ownership goals
  • Ensure your property transfers and asset protection strategies comply with California law

    • We offer free consultations to California residents who want transparent, compassionate guidance on protecting their wealth and planning for the future.

    ## Take Action: Schedule Your Free Consultation

    Don’t make major financial decisions about retirement funds and home buying without expert legal guidance. Contact California Probate and Trust, PC today for a free, no-obligation consultation. Our Sacramento-based team has helped thousands of California families navigate complex financial and estate planning challenges.

    Call (866)-674-1130 or visit cpt.law to schedule your appointment.

    ## Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal, financial, or tax advice. The information presented is based on publicly available news sources, specifically BBC News, and current as of January 2026. Laws, regulations, and proposed policies are subject to change. Individual circumstances vary, and readers should consult with qualified legal, financial, and tax professionals before making any decisions regarding retirement accounts, home purchases, or estate planning. California Probate and Trust, PC does not guarantee any specific outcomes and is not responsible for any actions taken based on the information in this article. No attorney-client relationship is created by reading this article or visiting our website.

    Source: BBC News – Donald Trump to unveil home buying plan involving retirement funds

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    California Probate Estate Planning Trusts

    What Happens When Estate Disputes Continue After Death? Key Lessons from the Shannen Doherty Case for California Families

    What Happens When Estate Disputes Continue After Death? Key Lessons from the Shannen Doherty Case for California Families

    What Happens When Estate Disputes Continue After Death? Key Lessons from the Shannen Doherty Case for California Families

    If you’re a California resident managing an estate or worried about what happens to your assets after you pass, understanding how estate disputes unfold—and how to prevent them—is critical. The ongoing legal battle between actress Shannen Doherty’s estate and her ex-husband Kurt Iswarienko offers important lessons about estate settlement enforcement, timing of legal agreements, and protecting your loved ones from costly litigation.

    Understanding the Case: What’s Happening with Shannen Doherty’s Estate?

    According to Us Weekly, Shannen Doherty’s ex-husband continues to challenge her estate over financial obligations nearly two years after her death in July 2024. The dispute centers on a divorce settlement signed just one day before Doherty passed away from cancer at age 53.

    Here’s what the estate claims Iswarienko owes:

  • Texas property proceeds: A four-bedroom home in Dripping Springs valued at approximately $1.5 million that was supposed to be listed for sale
  • Aircraft buyout payment: $50,274 to purchase Doherty’s interest in an airplane and hangar
  • Photography licensing fees: Half of all licensing and syndication fees from photographs created during their marriage (October 2011 through January 2023)

    • Iswarienko’s attorney argues that the court lacks jurisdiction because the divorce case should have terminated upon Doherty’s death, and claims the settlement agreement was filed in the wrong court.

    Why This Matters for California Estate Planning

    This case illustrates several critical estate planning questions California residents often face:

    1. Can divorce settlements be enforced after death?

    When one party to a divorce settlement dies shortly after signing, questions of enforceability and jurisdiction can arise. The timing of Doherty’s death—one day after signing and the same day her ex-husband signed—created legal complications that her estate is now fighting to resolve.

    2. What happens to asset division agreements when someone dies during divorce proceedings?

    In Doherty’s case, the divorce settlement gave her significant assets including a $9 million mansion, her production company, retirement accounts, and all residuals from her acting work.However, enforcement of these terms—and her estate’s claims to additional assets—became contested after her death.

    3. How can you protect your estate from prolonged disputes?

    Estate disputes can drag on for years, depleting assets through legal fees and causing family conflict. Proper estate planning documents, clear asset inventories, and professional legal guidance can help prevent these situations.

    Common Estate Planning Mistakes This Case Highlights

  • Last-minute legal agreements: Signing critical financial documents days before death can create validity questions and jurisdictional challenges
  • Unclear asset ownership: Disputes over property listings, photography rights, and shared assets show the importance of detailed asset inventories
  • Incomplete transfers: Failing to complete agreed-upon transfers (like the aircraft buyout) before death creates enforcement burdens for executors
  • Complex asset valuation: Ongoing income streams like photography licensing fees require specific language about how estates receive their share

    • How California Probate and Trust Can Help You Avoid These Issues

    At California Probate and Trust, PC, we understand that California residents need transparent, comprehensive estate planning that protects both their assets and their family’s peace of mind. Whether you’re facing a complex divorce, managing significant assets, or simply want to ensure your wishes are honored, our experienced team provides:

  • Clear estate planning packages tailored to your specific family dynamics and asset structure
  • Trust administration guidance to ensure proper asset transfers and avoid probate complications
  • Probate representation when disputes arise over estate settlements
  • Free consultations to help you understand your options without obligation

    • Our Sacramento-based attorneys have represented thousands of clients through estate planning, trust creation, and probate proceedings. We take a compassion-first approach, recognizing that these conversations involve your family’s future and financial security.

    Questions to Ask Your Estate Planning Attorney

    When seeking legal counsel for estate planning or probate matters, California residents should ask:

  • What happens to my divorce settlement if I die before it’s finalized?
  • How can I ensure my estate can enforce financial agreements I make near the end of life?
  • What documentation do I need to protect income streams like royalties, licensing fees, or business revenue?
  • How do I create an asset inventory that prevents disputes over property division?
  • What’s the difference between dying with a will versus a revocable trust in California?

    • Protect Your Legacy Before It’s Too Late

    The Shannen Doherty estate case demonstrates how even well-known individuals with significant resources can face prolonged legal battles when estate planning isn’t properly executed or when critical agreements are made under time pressure.

    Don’t leave your family facing years of litigation and uncertainty. Whether you need a simple will, a comprehensive revocable trust, or guidance through California probate proceedings, California Probate and Trust offers the expertise and compassionate support you deserve.

    Schedule Your Free Estate Planning Consultation Today

    Contact California Probate and Trust, PC for a no-obligation consultation. Our experienced Sacramento estate planning attorneys will review your situation, explain your options, and help you create a plan that protects your assets and your loved ones.

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

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information presented is based on publicly reported details and should not be relied upon as a substitute for consultation with a qualified estate planning attorney. Estate planning laws vary by state and individual circumstances. For specific legal guidance regarding your estate planning needs, please consult with a licensed attorney in your jurisdiction. California Probate and Trust, PC is available to California residents seeking professional estate planning and probate services.

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    California Probate Estate Planning Trusts

    California’s Billionaire Tax Debate: What High-Net-Worth Families Need to Know About Wealth Preservation in 2026

    California's Billionaire Tax Debate: What High-Net-Worth Families Need to Know About Wealth Preservation in 2026

    # California’s Billionaire Tax Debate: What High-Net-Worth Families Need to Know About Wealth Preservation in 2026

    ## Understanding the Proposed Wealth Tax and Its Impact on Your Estate Plan

    If you’re a California resident managing significant assets—or you’re responsible for a family estate that includes California-based property—you may be wondering: How will California’s proposed billionaire tax affect my wealth preservation strategy? The answer isn’t simple, but understanding the political and legal landscape is critical for protecting what you’ve built.

    A divisive ballot initiative to tax billionaires has ignited an unprecedented political battle within California’s Democratic Party, creating uncertainty for high-net-worth individuals and families across the state. According to a recent Politico report, this proposal has divided Democratic politicians and stirred discord within organized labor—raising urgent questions about capital flight, tax planning, and long-term wealth protection.

    ## Who Should Be Concerned About This Wealth Tax Proposal?

    This initiative matters to you if:

  • You’re a California resident with substantial assets who values transparency and family protection
  • You’re managing an estate or trust with California-based real property, business interests, or financial accounts
  • You’re concerned about how political changes might impact your estate plan or your heirs’ inheritance
  • You’re a business owner or investor evaluating whether to keep assets in California

    • ## What Is the Proposed Billionaire Tax?

    The measure, championed by SEIU-UHW (a union representing over 100,000 health care workers), would impose a one-time emergency tax on California billionaires’ total assets. This represents a fundamentally different approach than California’s existing income taxes on high earners.

    Key details:

  • The tax would apply to total assets, not just income
  • It’s framed as a one-time levy to counteract federal tax and spending cuts
  • Proponents are currently collecting signatures to place it on the November 2026 ballot
  • High-profile tech founders like Google’s Larry Page and Sergey Brin have already moved assets out of California in anticipation

    • ## The Political Battle: Why Democrats Are Divided

    Governor Gavin Newsom has publicly condemned the proposal, calling it economically ruinous and warning it will drive California’s tax base across state lines. California’s independent legislative analyst concluded the initiative could deprive the state of hundreds of millions of dollars in ongoing tax revenue.

    However, progressive leaders like Rep. Ro Khanna and Sen. Bernie Sanders have embraced it. Sanders called the measure “a model that should be emulated throughout the country”.

    The division runs deep:

  • Some labor unions fear the wealth tax could distract from other priorities, including a separate measure to extend California’s income tax on top earners
  • Wealthy Democratic donors like Reid Hoffman have vehemently opposed it
  • Major gubernatorial candidates—including Katie Porter, Xavier Becerra, and Antonio Villaraigosa—have either opposed the measure or declined to support it

    • ## What This Means for Your Estate Plan

    ### Immediate Considerations:

  • Asset location matters more than ever. If you have significant wealth, the location of your assets could have major tax implications depending on whether this measure passes
  • Trust structures may need review. Revocable trusts, irrevocable trusts, and other estate planning vehicles may be affected differently by wealth-based taxation versus income taxation
  • Timing is critical. The measure could go to voters in November 2026, meaning families have a limited window to evaluate their options

    • ### Questions California Families Are Asking:

  • “Should I consider relocating assets out of California?”
  • “How can I protect my family’s wealth if California’s tax environment becomes less favorable?”
  • “What trust structures offer the best protection against changing tax laws?”
  • “If I’m planning to retire or pass wealth to the next generation, how should this proposal affect my timeline?”

    • ## Capital Flight: A Real Concern for California Estates

    The debate isn’t purely theoretical. Prominent California residents are already taking action. Google co-founders Larry Page and Sergey Brin moved their assets out of the state rather than wait to see if the tax will pass.

    Former California fiscal official Keely Bosler—who recently produced a report commissioned by labor unions identifying flaws in the proposal—noted: “It’s one thing for a nation to come together and implement a policy like this. It’s much harder for states”.

    ## What the Opposition Is Saying

    The California Business Roundtable has already received a $3 million donation from libertarian megadonor Peter Thiel to defeat the measure. Roundtable president Rob Lapsley stated: “We have to make sure that we define this and communicate the flaws so effectively that nobody thinks they can go to other states and pass it”.

    Critics argue the proposal is:

  • Unworkable and counterproductive
  • Likely to drive wealthy taxpayers out of California
  • Potentially harmful to California’s long-term revenue base

    • ## What Supporters Are Saying

    UC Berkeley economist Emmanuel Saez, who helped construct the measure, called it “worldwide, the most promising proposal for taxing the ultra-rich, the one that has the biggest chance of passage”.

    SEIU-UHW chief of staff Suzanne Jimenez emphasized that the tax would help “keep hospitals and emergency rooms open” and ensure working people maintain access to healthcare, food assistance, and quality public education.

    Supporters argue that fears of capital flight are overblown and that the one-time windfall will far outweigh the losses.

    ## How California Probate and Trust Can Help

    At California Probate and Trust, PC, we understand that political uncertainty creates anxiety for families trying to protect their legacies. Whether you’re facing probate proceedings now or planning your estate for the future, our experienced Sacramento-based attorneys provide the clarity and guidance California residents need.

    Our approach includes:

  • Comprehensive estate plan reviews to assess how changing tax laws might affect your wealth preservation strategy
  • Trust formation and administration designed to provide maximum flexibility and protection
  • Asset protection planning that accounts for California’s evolving political and tax landscape
  • Multi-generational wealth transfer strategies that protect your heirs regardless of future tax changes

    • We’ve represented thousands of clients from our offices in Fair Oaks, Sacramento, and San Francisco, offering transparent pricing and compassionate guidance through complex legal challenges.

    ## Take Action Now: Schedule Your Free Estate Planning Consultation

    Don’t wait until the ballot measure passes or fails to assess your estate plan. Political uncertainty is precisely when proactive planning matters most.

    Contact California Probate and Trust today for a no-obligation consultation:

  • Phone: (866) 674-1130
  • Website: cpt.law
  • Free 1-hour consultation to review your family dynamics and estate planning needs

    • Our seasoned attorneys will help you understand your options, whether you need a power of attorney package, a simple will, or a complex trust structure designed to weather California’s changing tax environment.

    ## Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is based on publicly available sources, including a Politico report dated January 16, 2026. Estate planning and tax law are complex and highly individual matters. The proposed California billionaire tax has not yet been enacted and may be modified or rejected by voters. No attorney-client relationship is created by reading this article. For specific guidance tailored to your circumstances, please consult with a qualified California estate planning attorney. California Probate and Trust, PC is a law firm focused on estate planning, probate, and trust administration for California residents and those managing California-based assets.

    Source: Politico – “Wealth tax push scrambles California politics” (January 16, 2026)

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    How California’s Slayer Statute Protects Estates: What the Nick Reiner Case Reveals About Inheritance Rights

    How California's Slayer Statute Protects Estates: What the Nick Reiner Case Reveals About Inheritance Rights
    Rob Reiner, Michele Singer, Tracy Reiner, Nick Reiner and Jake Reiner at "Spinal Tap II: The End Continues" Los Angeles Premiere held at The Egyptian Theatre on September 09, 2025 in Los Angeles, California.

    If you’re managing a California estate or planning your own legacy, understanding how California law protects assets from wrongful beneficiaries is critical. The high-profile Nick Reiner murder case offers a stark example of how California’s Slayer Statute works—and why proper estate planning matters for every California family.

    What Happened in the Nick Reiner Case?

    Nick Reiner, son of Hollywood director Rob Reiner, faces two counts of first-degree murder for allegedly killing his parents, Rob and Michele Reiner. The case has drawn significant attention not only because of the shocking nature of the alleged crimes but also due to the legal and financial implications surrounding Reiner’s defense and potential inheritance.

    Key developments include:

  • Celebrity attorney Alan Jackson withdrew from representing Nick Reiner, citing undisclosed reasons that prevented him from continuing the case
  • Jackson’s comments on Billy Bush’s Hot Mic podcast have reportedly upset the Reiner family, who feel his public statements were unprofessional and distracting from the legal process
  • Nick Reiner has been charged with using a knife as a dangerous weapon in the alleged murders
  • Sources indicate that Reiner’s legal fees are being paid from his late parents’ estate, as he has never earned a living independently

    • How Does California’s Slayer Statute Work?

    California residents managing estates or planning their own legacies need to understand this critical protection. California’s Slayer Statute prevents anyone who intentionally kills another person from inheriting from their victim’s estate.

    Here’s what California law does:

  • Treats the killer as predeceased: The law acts as if the person who committed the murder died before their victim
  • Blocks all forms of inheritance: This includes property transfers, wills, trusts, life insurance policies, and beneficiary designations
  • Protects remaining heirs: Assets pass to the next eligible beneficiaries as if the killer never existed in the inheritance chain

    • Why This Matters for California Families

    The Reiner case illustrates several estate planning concerns that California residents should address:

    1. Who pays for legal defense when estate funds are involved?

    In Nick Reiner’s situation, his parents’ wealth is reportedly funding his defense despite him being charged with their murders. This raises questions about:

  • How estates can be accessed before probate is complete
  • What happens when the accused beneficiary has no independent income
  • Whether estate planning documents should include provisions for such scenarios

    • 2. How do you protect your estate from family conflicts?

    The case demonstrates the emotional and financial strain when family dynamics intersect with criminal allegations. California families should consider:

  • Creating clear succession plans that account for unexpected circumstances
  • Establishing trusts with specific conditions for inheritance
  • Naming alternate beneficiaries to prevent disputes

    • 3. What happens to dependent adult children?

    Reports indicate Nick Reiner “has never earned a living in his life” and “always lived off his parents”. This highlights estate planning challenges for parents supporting adult children:

  • How to structure support for financially dependent heirs
  • Whether to use trusts with trustee oversight versus direct inheritance
  • How to balance family protection with encouraging independence

    • Real-World Questions This Case Answers

    Can someone inherit from parents they’re accused of killing in California?

    No. If convicted, California’s Slayer Statute completely bars inheritance from the victim’s estate.

    What if the person is only accused, not convicted?

    The statute typically requires a conviction or finding of culpability. During pending criminal proceedings, estate distribution may be delayed.

    Does the Slayer Statute apply to life insurance and retirement accounts?

    Yes. California law extends the prohibition to all forms of property transfer, including insurance policies, retirement benefits, and trust distributions.

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

    For California residents concerned about protecting their estates and families, working with experienced estate planning attorneys is essential. California Probate and Trust, PC specializes in helping families:

  • Create comprehensive estate plans that account for complex family dynamics and unexpected circumstances
  • Establish protective trusts that provide structure and oversight for beneficiaries who may need guidance
  • Navigate probate proceedings when inheritance disputes or criminal matters arise
  • Structure beneficiary designations to ensure assets pass according to your wishes while complying with California law

    • The firm offers transparent, compassionate guidance for California families facing both routine estate planning needs and complex situations involving family conflicts, dependency issues, or legal complications.

    Take Action to Protect Your California Estate

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

    Schedule your free estate planning consultation today:

  • Call (866)-674-1130
  • Visit cpt.law to learn more about our services
  • Meet with experienced attorneys who understand California probate and trust law

    • Source: StyleCaster – Nick Reiner’s Family Reportedly ‘Feel Betrayed’ by His Ex-Lawyer

    Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information presented is based on publicly available news sources and general California law. Every estate planning situation is unique, and outcomes depend on specific facts and circumstances. This article does not create an attorney-client relationship. For specific legal guidance regarding your estate planning needs, please consult with a qualified California estate planning attorney. California Probate and Trust, PC is available to discuss your individual circumstances during a confidential consultation.

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    Nick Reiner had been in mental health conservatorship in 2020, according to reports

    Nick Reiner had been in mental health conservatorship in 2020, according to reports

    Mental Health Conservatorships and California Law: What Families Need to Know After the Nick Reiner Case

    If you’re a California resident dealing with a loved one who has serious mental health issues, you may be wondering: What is a mental health conservatorship, and how can it protect my family? The recent case involving Nick Reiner—who was under a mental health conservatorship from 2020 to 2021 before being charged with the murder of his parents, acclaimed filmmaker Rob Reiner and his wife Michele—has brought these legal tools into the spotlight.

    This article explains what California families should understand about mental health conservatorships, estate planning, and probate when a loved one struggles with severe mental illness.

    What Happened in the Nick Reiner Case?

    According to reports from The Independent, Nick Reiner was placed under a mental health conservatorship that lasted from 2020 to 2021. The 32-year-old has been charged with the murder of his parents and is set to be arraigned on February 23, 2026.

    Key facts about the case include:

  • Nick Reiner was diagnosed at different times with schizophrenia and schizoaffective disorder
  • He had been taking medication but switched medications due to side effects about a month before his parents were killed
  • Steven Baer, a licensed fiduciary who served as his conservator, stated that mental illness “is an epidemic that is widely misunderstood and this is a horrible tragedy”
  • Rob and Michele Reiner were found dead in their Brentwood home on December 14, 2025, with no signs of forced entry
  • Nick’s attorney Alan Jackson withdrew from the case, citing “circumstances beyond our control”

    • What Is a Mental Health Conservatorship in California?

    A mental health conservatorship—sometimes called an LPS conservatorship—is a legal arrangement where a court appoints someone (the conservator) to make decisions for an adult who cannot care for themselves due to severe mental illness. As noted in the Reiner case, this is “a legal process made famous by Britney Spears where someone has control of another person”.

    Who Needs a Mental Health Conservatorship?

    California families may need to consider a conservatorship when:

  • A loved one has been diagnosed with serious mental illnesses like schizophrenia, schizoaffective disorder, or bipolar disorder
  • The person is unable to provide for their basic needs (food, clothing, shelter)
  • The individual poses a danger to themselves or others
  • Less restrictive alternatives have been tried and failed

    • How Does a Conservatorship Protect Families and Assets?

    For California residents concerned about protecting both their loved one and family assets, conservatorships can:

  • Ensure medical treatment and medication compliance
  • Manage financial affairs and prevent exploitation
  • Provide legal authority to make housing and care decisions
  • Protect estate assets from mismanagement

    • Estate Planning Considerations When Mental Illness Is Present

    The Reiner case raises important questions for California families: How do I protect my estate if my child or heir struggles with mental health issues?

    Proactive estate planning strategies include:

  • Special Needs Trusts: Protect assets while maintaining eligibility for government benefits
  • Spendthrift Trusts: Prevent beneficiaries from depleting inheritance quickly or during periods of mental instability
  • Professional Trustees: Appoint licensed fiduciaries (like Steven Baer in the Reiner case) to manage assets objectively
  • Advance Healthcare Directives: Specify medical treatment preferences and decision-makers
  • Durable Powers of Attorney: Designate someone to handle financial matters if you become incapacitated

    • Probate Challenges When Mental Illness and Tragedy Intersect

    When a death occurs under tragic circumstances like the Reiner case, California probate proceedings can become especially complex:

  • Slayer Statutes: California law prohibits someone convicted of murder from inheriting from their victim’s estate
  • Will Contests: Family members may dispute estate documents, especially if mental health issues were present
  • Asset Distribution Delays: Criminal proceedings can delay probate for months or years
  • Wrongful Death Claims: Civil lawsuits may impact estate distribution

    • Why California Families Need Comprehensive Legal Support

    Cases involving mental health conservatorships, estate planning, and probate require a one-stop legal resource that understands both the legal structure and the human complexity involved.

    California Probate and Trust, PC offers California residents:

  • Transparent guidance through conservatorship proceedings
  • Estate planning designed to protect vulnerable family members
  • Probate administration when tragedy strikes
  • Trust and financial management coordination

    • Take Action to Protect Your Family Today

    If you’re a California resident concerned about a loved one’s mental health, or if you want to ensure your estate plan protects both your family and your assets, don’t wait until a crisis occurs.

    Contact California Probate and Trust, PC today for a confidential consultation. Our experienced team provides the transparency and family-centered approach you need during complex legal situations.

    Visit cpt.law or call us to schedule your appointment.

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information presented here is based on publicly available news reports and general legal principles. Every legal situation is unique, and outcomes depend on specific facts and circumstances. This article does not create an attorney-client relationship between the reader and California Probate and Trust, PC. For advice regarding your specific legal situation, please consult with a qualified California attorney. Laws and regulations are subject to change, and this article may not reflect the most current legal developments.

    Source: The Independent – Nick Reiner had been in mental health conservatorship in 2020, according to reports