The Journal — Plain-English Estate Law
Plain-English guidance on wills, trusts, probate, and protecting your family in California.
Am I Entitled to a Copy of the Trust? California’s 120-Day Notice
When a California trust becomes irrevocable, the trustee must send a statutory notice, and beneficiaries can demand the trust's terms. The 16061.7 rules and real deadlines.
Read →Can a Trustee Also Be a Beneficiary in California?
Yes, it's the most common arrangement in family trusts. Where the real conflicts show up, the duties that still apply, and when a co-trustee or professional makes sense.
Read →What Does HEMS Mean in a Trust? Health, Education, Maintenance, Support
HEMS sounds vague but has real legal edges. What a California trustee can and can't pay for under the standard, and why the acronym exists in the first…
Read →Affidavit of Death of Trustee in California
A trustee dies and the successor has no obvious way to prove it. Recording an affidavit of death of trustee is usually the first real step in trust…
Read →Can You Sell a House That’s in a Living Trust? (California)
Yes. While you're alive you sell it exactly like any other house, no 'taking it out of the trust' required. What escrow will ask for, and how post-death…
Read →Can You Disinherit Your Spouse in California?
You can only give away your half: community property limits what any California will or trust can do to a spouse. Omitted-spouse rights, valid waivers, and what actually…
Read →Do Beneficiaries Pay Taxes on Trust Distributions in California?
Sometimes, it depends on DNI, not on whether the check is labeled 'principal.' How K-1s work, what's taxable, and the California throwback rule nobody warns you about.
Read →Do Irrevocable Trust Assets Get a Step-Up in Basis at Death?
Only if the assets are included in the taxable estate: Rev. Rul. 2023-2 settled it. What that means for California families, plus the community-property double step-up.
Read →Want a straight read on where you stand?
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