The Journal — Plain-English Estate Law
Plain-English guidance on wills, trusts, probate, and protecting your family in California.
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 Someone With Dementia Amend a Trust in California?
A dementia diagnosis doesn't automatically bar a trust amendment in California. The sliding-scale capacity standard courts actually use, and how to protect a late-life change.
Read →Leaving Money to a Caregiver in California: The §21380 Rules
California law presumes a gift to a paid caregiver is the product of fraud or undue influence, unless you follow one specific procedure. How the certificate of independent…
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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