The Journal — Plain-English Estate Law
Plain-English guidance on wills, trusts, probate, and protecting your family in California.
Does a Prenup Override a Will or Trust in California?
A valid prenup can waive a spouse's inheritance and omitted-spouse rights, so it can control what a spouse gets. Why your prenup and estate plan must be kept…
Read →Non-Citizen Spouse and the Estate Tax: The QDOT Rule (California)
The unlimited marital deduction doesn't apply to a non-citizen spouse. How a QDOT defers the estate tax, the $194,000 gift limit, and who actually needs to plan for…
Read →Are Electronic or Online Wills Valid in California?
California has not adopted electronic wills. A DocuSigned or emailed will isn't valid. You still need a signed writing with two witnesses. What actually makes a will legal.
Read →The California Statutory Will: When the Free Form Is Enough
California's Probate Code 6240 statutory will is a free, valid fill-in-the-blank form. Who it actually works for, and why owning a home usually means you need more.
Read →Per Stirpes vs. Per Capita in California: What They Actually Mean
Per stirpes sends a deceased beneficiary's share down to their kids; per capita splits among survivors. California's default, and which one most parents actually want.
Read →What Happens to the Mortgage When You Inherit a House? (California)
The mortgage doesn't vanish or come due when you inherit. How Garn-St. Germain protects you, your keep/refinance/sell options, and how reverse mortgages differ.
Read →Can You Refinance a House That’s in Your Living Trust? (California)
Yes, and it won't trigger reassessment. Why some lenders move title out temporarily, and the one mistake that leaves your home exposed to probate afterward.
Read →Life Estate vs. Transfer-on-Death Deed vs. Trust in California
Three ways to pass your home: a life estate, a revocable TOD deed, or a living trust. An honest comparison of control, cost, and who each one actually…
Read →Want a straight read on where you stand?
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