The Journal — Plain-English Estate Law
Plain-English guidance on wills, trusts, probate, and protecting your family in California.
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 →Buying Out a Sibling on an Inherited House Without Losing the Prop 19 Basis
How to buy out your siblings on an inherited California home and keep the low property-tax basis: why a third-party trust loan, not a cash buyout, protects Prop…
Read →Inheriting an Annuity in California: Your Options and the Tax
Inherited an annuity? Your payout options under IRC 72(s), why annuities get no step-up in basis, and how the gain is taxed as ordinary income in California.
Read →Can You Change an Irrevocable Trust in California?
Irrevocable doesn't mean untouchable. Beneficiary consent, court modification, decanting, and trust protectors. The real ways to change an irrevocable trust in California.
Read →Want a straight read on where you stand?
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