The Journal — Plain-English Estate Law
Plain-English guidance on wills, trusts, probate, and protecting your family in California.
Community Property vs. Separate Property in Trust Administration
Before a trustee distributes a dollar, one question has to be answered: was this community property or separate property? Here's why it matters and how to sort it…
Read →Community Property vs. Separate Property Step-Up in California
Two identical houses, same date of death, same trustee. One sale owes no capital gains tax. The other owes tax on half the appreciation. The only difference is…
Read →Commingled Assets in Trust Administration (California)
Thirty years of joint accounts and shared mortgage payments blur the line between what was always yours and what became ours. Here's how a trustee is supposed to…
Read →Closing a Trust in California: Final Steps
A trust doesn't close itself when the last check clears. A specific sequence protects the trustee from claims down the road, and skipping steps is expensive.
Read →How Trustees Characterize and Trace Assets After Death (California)
Tracing an asset's character is often the hardest, least-warned-about part of serving as trustee. Here's how it actually works, and what to do when the paper trail goes…
Read →Challenging a Trust Amendment for Lack of Capacity
Trust amendments are held to a higher capacity standard than wills. If a parent signed one while cognitively impaired, California law gives you a specific way to challenge…
Read →Capital Gains Tax on Inherited Property in California
Most people who inherit a house assume they'll owe tax on the whole thing when they sell it. Usually they're wrong, and the reason is basis, not exemption.
Read →Can Beneficiaries Agree to Change a Trust in California?
Beneficiaries assume that if everyone agrees, they can just change a trust themselves. That's only partly true, and the gap can create real legal exposure.
Read →Want a straight read on where you stand?
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