The Journal
Plain-English Estate Law
Plain-English guidance on wills, trusts, probate, and protecting your family in California.
Your Will Says One Thing, Your 401(k) Another – Which Wins? (California)
The beneficiary form wins. Why life insurance, 401(k)s, and IRAs pass outside your will, the ex-spouse disaster ERISA creates, and the audit you should run today.
Read →Are Payable-on-Death Accounts as Good as a Trust? (California)
POD and TOD accounts avoid probate cheaply but cover nothing if you're incapacitated and can't protect minor or special-needs heirs. When they're fine, and when they aren't.
Read →Do Stepchildren Inherit in California?
Without a will, trust, or adoption, stepchildren inherit nothing in California, with one narrow exception. What to do if you want to include (or exclude) them.
Read →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 →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 →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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