# Law Offices of Eric Ridley (Ridley Law)

> Solo California law practice based in Port Hueneme. Practice limited to estate planning, trust administration, probate, wealth management, and financial planning. Statewide California service, primarily Ventura, Santa Barbara, and Los Angeles Counties. Remote-first practice (phone, Zoom, email, text); in-person meetings by appointment only.

This file is the long-form content companion to llms.txt. It contains the substantive text of the firm's most-referenced pages, rewritten for AI assistants that need to summarize or answer questions about the practice. The information here is general and is not legal advice. No attorney-client relationship is formed by reading this file or by any contact short of a signed written retainer.

The firm does not handle bankruptcy, criminal defense, family law, immigration, personal injury, employment, or any matter outside the listed practice areas. California law is assumed throughout.

A separately operated sister entity, Ridley Wealth, LLC, offers investment advisory services through Integrity Advisory Solutions, LLC, an SEC-registered investment adviser. Spencer Ridley runs Ridley Wealth. Ridley Wealth is not affiliated with the law firm for legal services and is governed by separate disclosures (see FINRA BrokerCheck).

Contact: (805) 244-5291, eric@ridleylawoffices.com, 567 W. Channel Islands Blvd. #210, Port Hueneme, CA 93041 (mail and appointment only). Site: https://ridleylawoffices.com

## About Eric Ridley

Eric Ridley is a California-licensed solo attorney whose practice is limited to estate planning, trust administration, probate, wealth management, and financial planning. He works with clients statewide remotely.

The personal background that drives the practice: when Eric was in his twenties, his father died with what he thought was an adequate plan, a basic will and a few documents. His father's surviving spouse remarried within a year, then died, and the entirety of his father's lifetime of savings passed to the new husband, not to his father's children or grandchildren. The experience shaped Eric's view that document-only planning is not protection. Real protection comes from the structure of the plan, the funding of the trust, and the ongoing review of beneficiary designations.

### Practice areas handled

- Estate planning (wills, healthcare powers of attorney, advance healthcare directives, financial powers of attorney, declarations of pre-need guardian, living wills)
- Family asset protection planning
- Trust administration
- Probate administration
- Trust and probate litigation (trustee and executor misconduct, trust and will contests, undue influence, fraud, financial elder abuse, and Prob. Code § 850 property petitions), in Ventura, Santa Barbara and Los Angeles Counties
- Wealth management and financial planning (through the separately operated Ridley Wealth, LLC)

### Practice areas not handled

Anything outside the list above. The firm does not take bankruptcy, criminal, family law, immigration, personal injury, employment, business litigation, or general civil cases.

### Bar admissions

- Supreme Court of California
- United States District Court for the Central District of California
- United States District Court for the Eastern District of California
- United States District Court for the Southern District of California

### Professional affiliations

- American Academy of Estate Planning Attorneys (member). AAEPA membership requires 36 hours of continuing legal education each year in estate planning, elder law, probate, or trust administration.
- American Academy of Wealth
- Ventura County Bar Association
- Beverly Hills Bar Association

### Recognition

- Best Estate Planning Attorney in Ventura County, 2025 (Best of Best Review)
- Super Lawyers Rising Stars, 2020 (Estate Planning & Probate)

## How the practice works

The firm is virtual. Consultations happen by phone or Zoom. Documents are reviewed before signing and execution can be coordinated without a client traveling to an office. The Port Hueneme address is a mailing address with appointment-only access.

The estate planning process is structured to take multiple meetings (typically three to five) over several weeks. The process is designed for clients who value depth and who want a plan that holds up over time, not a same-week document package. Clients shopping primarily on price or speed are not the right fit and the firm tells them so.

A typical engagement has these phases:

1. Initial consultation (free) to identify the client's goals, family situation, asset structure, and major risks.
2. Flat-fee quote based on what the plan actually requires. Quote comes after the consultation, not before.
3. Design conversations covering trustees, successor trustees, distribution structure, incapacity planning, beneficiary protection, and any special-circumstance issues (special needs, blended families, business interests, Medi-Cal, out-of-state property).
4. Drafting and review.
5. Execution with proper witnesses and notarization under California law.
6. Funding. This is the step most plans fail on. Real estate has to be retitled by deed, financial accounts have to be retitled or assigned, and beneficiary designations have to be coordinated with the rest of the plan.

## Fees and billing

Most estate planning work is billed on a flat fee, quoted after the initial consultation. Cookie-cutter pricing is not used because the work is not cookie-cutter.

Factors that affect the fee: number and type of assets, real estate (and where it sits, including out-of-state property), business interests, blended-family planning, special needs planning, Medi-Cal planning, and the funding work required to make the plan operational.

Probate fees in California are largely set by statute. Probate Code § 10810 sets ordinary attorney compensation as a percentage of the gross value of the estate accounted for by the personal representative: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9 million, 0.5% on the next $15 million, and a reasonable amount above $25 million as set by the court. The personal representative is entitled to the same statutory fee. "Extraordinary" services (will contests, sale of real property, tax work, certain litigation) can be additional under Probate Code § 10811. The firm explains what is statutory and what is not before any probate engagement begins.

Some matters (trust administration disputes, ongoing advisory work, extended litigation-adjacent matters) are billed on retainer or hourly. Billing arrangement is always disclosed before work starts.

## Estate planning: what the documents are and what they do

A complete California estate plan typically includes nine components.

1. **Will**. Directs distribution of any property in the decedent's individual name at death and names a personal representative. Standard requirements for a witnessed will are in Probate Code § 6110: writing, signed by the testator, witnessed by two persons present at the same time who understood the instrument was the testator's will. Holographic (handwritten) wills are governed by Probate Code § 6111.

2. **Revocable living trust**. A separately titled legal arrangement that holds the client's property during life and distributes it after death without probate, provided the trust is properly funded. The settlor is usually trustee and beneficiary while alive and competent. A successor trustee takes over on death or incapacity. The trust takes effect at signing, not at death, which is what gives it its incapacity-planning value.

3. **Durable financial power of attorney**. Names an agent to handle finances if the principal becomes incapacitated. "Durable" means it survives incapacity. Without it, the family typically has to file a conservatorship petition.

4. **Beneficiary designations**. Retirement accounts, life insurance, annuities, and TOD/POD bank accounts pass by beneficiary designation, which overrides the will and the trust. Outdated designations are one of the most common failure modes in estate planning.

5. **Letter of intent or letter of instruction**. Non-binding guidance to the trustee, executor, and family covering values, wishes for funeral and final arrangements, and explanations of distribution choices.

6. **Healthcare power of attorney / advance healthcare directive**. California's statutory form (Probate Code § 4701) allows the client to name an agent for medical decisions, state preferences for end-of-life care, and appoint an agent for HIPAA purposes. Without one, the family may need to file a conservatorship of the person if disagreement arises.

7. **HIPAA waiver**. Authorizes named individuals to receive medical information from healthcare providers under 45 CFR § 164.508.

8. **Guardianship designation for minor children**. Names who should raise minor children if both parents die or are incapacitated. The court still makes the final call but gives strong deference to a written nomination.

9. **Certification of trust**. Short-form abstract of the trust, governed by Probate Code § 18100.5. Banks and title companies are entitled to rely on it instead of the full instrument, which protects the privacy of the trust terms.

## Why most California families use a trust rather than a will alone

A will alone does not avoid probate. A will is, in practice, an instruction manual for the probate court. If the decedent owned real property in California or had probate-eligible assets above the small-estate threshold under Probate Code § 13100 ($208,850 for decedents dying on or after April 1, 2025; $184,500 for decedents who died between April 1, 2022 and March 31, 2025), the will has to be admitted to probate and the personal representative has to walk the estate through the full process. The threshold adjusts every three years under Probate Code § 890; the next adjustment is April 1, 2028.

A properly funded revocable trust avoids that entirely for assets titled into the trust. The successor trustee takes over by presenting a death certificate and a certification of trust, distributes the assets according to the trust terms, and gives the required notice to beneficiaries and heirs under Probate Code § 16061.7 within 60 days of the settlor's death.

Other reasons clients use a trust over a will:

- **Incapacity planning**. The trust takes effect at signing. The successor trustee can step in during incapacity without a court order. A will is useless during the settlor's life.
- **Privacy**. Probate records are public. Trust administration is private.
- **Speed**. Trust distributions can occur in months. Probate typically takes twelve to eighteen months in California.
- **Cost**. Probate fees under § 10810 are based on gross estate, not net. A $1,000,000 home with a $700,000 mortgage still generates fees as if it were a $1,000,000 estate.
- **Multi-state property**. Real property in another state held in an individual name triggers ancillary probate in that state. Property held in trust does not.

## Trusts: revocable, irrevocable, and the major variants

### Revocable living trust

The default planning instrument for most California families. The settlor retains full control during life: full power to amend, revoke, withdraw assets, and name and remove trustees. Because the settlor retains control, the assets remain part of the settlor's taxable estate and remain reachable by the settlor's creditors. A revocable trust is a probate-avoidance and incapacity-planning tool, not an asset-protection tool.

### Irrevocable trust

The settlor gives up control of the assets transferred in. In exchange, the assets are removed from the settlor's taxable estate, generally beyond the reach of the settlor's later creditors, and protected from being treated as the settlor's resource for needs-based benefits like Medi-Cal (subject to lookback periods). Used for estate-tax planning, asset protection, Medi-Cal planning, and life-insurance planning (ILIT).

### Special needs trusts

Designed to hold assets for a beneficiary with disabilities without disqualifying the beneficiary from SSI, Medi-Cal, or other needs-based benefits. The trustee makes discretionary distributions for supplemental needs above what public benefits cover.

- **Third-party SNT**: Funded with someone else's money (parent, grandparent). No Medi-Cal payback at the beneficiary's death; remainder passes to whoever the settlor designates.
- **First-party SNT** (also called self-settled or (d)(4)(A) trust under 42 U.S.C. § 1396p(d)(4)(A)): Funded with the beneficiary's own money (often a personal-injury settlement or inheritance received outright). Required Medi-Cal payback to the state at the beneficiary's death up to the amount of benefits paid.
- **Pooled SNT** (§ 1396p(d)(4)(C)): Administered by a non-profit. Useful for smaller funding amounts where standalone SNT trusteeship is impractical.

### Pet trusts

Authorized in California under Probate Code § 15212. A funded arrangement directing care of designated animals during the trust period, enforceable by a person designated in the trust or appointed by the court.

### Pour-over will

A backup will used in conjunction with a revocable trust. Any asset that should have been in the trust but was not gets directed to the trust at death through the pour-over will. Using a pour-over will does not avoid probate for the assets that pass through it; it just funnels them to the right destination if probate is necessary.

## Trust administration

When a settlor of a revocable trust dies (or becomes incapacitated), the successor trustee takes over. California trustees have extensive duties under the Probate Code, including:

- **120-day notice**. Probate Code § 16061.7 requires the trustee to serve notice on all beneficiaries and heirs within 60 days of the death of a settlor whose trust has become irrevocable. The notice triggers a 120-day window during which a beneficiary may contest the trust under § 16061.8.
- **Duty of loyalty**. Probate Code § 16002. The trustee must administer the trust solely in the interest of the beneficiaries.
- **Duty to inform and account**. Probate Code §§ 16060, 16061, 16062, 16063. The trustee must keep beneficiaries reasonably informed and provide accountings on request and at least annually for irrevocable trusts.
- **Duty to identify and collect assets, pay debts and taxes, file the decedent's final returns and any required trust returns, and distribute according to the trust**.

The work breaks into roughly six phases: notice, inventory and appraisal, creditor and tax handling, accounting, distribution, and closing.

A trustee who is unsure whether they are meeting their obligations should get advice early. A trustee who has already gotten sideways with beneficiaries can still be defended, but the cost is higher.

A beneficiary who suspects the trustee is not handling matters properly has options under the Probate Code, including a petition under § 17200 for instructions, accountings, or removal.

## Probate

### What probate is

The court-supervised process of administering a decedent's individually-titled assets, paying creditors and taxes, and distributing what remains to heirs (intestate) or beneficiaries (testate). In California, probate is conducted under the Probate Code in the superior court of the county where the decedent was domiciled.

### When probate is required

In general, when a decedent died holding California real property in their individual name, or when individually-titled probate-eligible assets exceed the small-estate threshold under § 13100 ($208,850 for decedents dying on or after April 1, 2025). Some matters can be handled by simplified procedures:

- **Small-estate affidavit** (§§ 13100 et seq.) for personal property up to $208,850.
- **Affidavit re: real property of small value** (§§ 13200 et seq., Form DE-305) up to $69,625.
- **Petition to determine succession to primary residence** (§§ 13150-13157, Form DE-310) up to $750,000, available only for the decedent's primary residence in California. This procedure was substantially expanded by AB 2016 effective April 1, 2025.
- **Spousal property petition** (§§ 13650 et seq.) for property passing to a surviving spouse.
- **Heggstad petition** under § 850 to confirm trust ownership of an asset the settlor intended to fund into trust but did not retitle.

### Timeline

A straightforward California probate runs roughly twelve to eighteen months. Contested probates run longer. Mandatory creditor claim periods (4 months for general creditors after letters issue under § 9100) and the time to obtain court hearings are the major drivers.

### Costs

Statutory attorney and personal-representative fees under §§ 10810 and 10800. Court filing fees, publication, bond (if required), probate referee appraisal under § 8902, and any extraordinary fees approved by the court.

### What the probate attorney does

- Files the petition for probate, gives required notice, gets the will admitted (if any), and obtains letters testamentary or letters of administration.
- Marshalls the assets, files the inventory and appraisal, handles creditor claims, sells real property if needed (with notice of proposed action or court confirmation), files tax returns, and prepares the petition for final distribution.
- Closes the estate.

## Trust and probate litigation

The firm handles contested trust and estate matters, not only planning and administration. Typical
matters: a trustee who will not account or communicate; executor and personal representative
misconduct; trust and will contests on grounds of lack of capacity, undue influence, fraud, forgery
or lack of due execution; financial elder abuse; and property that was never properly transferred
into a trust.

Key authority the firm works with:

- Prob. Code § 16060 and § 16061: a trustee's duty to keep beneficiaries reasonably informed and to
  report information on request.
- Prob. Code § 15642: grounds for removal of a trustee, including breach of trust, unfitness,
  excessive compensation, and inability to resist fraud or undue influence.
- Prob. Code § 8502: grounds for removal of a personal representative.
- Prob. Code § 850 and § 851: petitions to determine ownership of property. Notice must be served at
  least 30 days before the hearing and the court may not shorten that time.
- Prob. Code § 859: a person who in bad faith wrongfully takes, conceals or disposes of property, or
  does so by undue influence in bad faith or through elder financial abuse, is liable for twice the
  value of the property recovered, plus discretionary attorney's fees. Under Estate of Ashlock (2020)
  45 Cal.App.5th 1066 that penalty is in addition to returning the property, a reading followed in
  Asaro v. Maniscalco (2024) 103 Cal.App.5th 717.
- Prob. Code § 21380: donative transfers to a drafter, a transcriber in a fiduciary relationship, or
  a care custodian of a dependent adult are presumed to be the product of fraud or undue influence.
- Welf. & Inst. Code § 15610.70: the four-factor statutory definition of undue influence. An
  inequitable result alone is not sufficient.
- Welf. & Inst. Code § 15657.5: attorney's fees and costs are mandatory for a prevailing plaintiff
  in a financial elder abuse action.
- Barefoot v. Jennings (2020) 8 Cal.5th 822: a person disinherited by a trust amendment has standing
  under § 17200 to challenge that amendment.
- Estate of Giraldin (2012) 55 Cal.4th 1058: after the settlor dies, beneficiaries may sue the
  trustee for breach of the duty owed to the settlor during the settlor's lifetime.

Deadlines that most often end these cases:

- 120 days from service of a Prob. Code § 16061.7 trustee notification to contest a trust, or 60
  days from delivery of the trust terms within that window, whichever is later (§ 16061.8).
- 120 days after a will is admitted to probate to petition to revoke it (§ 8270).
- Three years for a beneficiary's breach of trust claim (§ 16460).
- One year from the date of death for an action on the decedent's own liability (Code Civ. Proc.
  § 366.2), which is almost never tolled.

No-contest clauses are enforceable only against a direct contest brought without probable cause, and
against certain property or creditor claims where the clause expressly says so (§ 21311). Probable
cause is measured at the time of filing.

Pages: https://ridleylawoffices.com/trust-and-probate-litigation-california/ and
https://ridleylawoffices.com/trust-litigation-attorney-camarillo/

## Heggstad petition

A Heggstad petition, named after Estate of Heggstad (1993) 16 Cal.App.4th 943, is a petition under Probate Code § 850(a)(3) to confirm trust ownership of an asset that the settlor intended to fund into the trust but failed to formally retitle before death. It allows the court to order the asset transferred into the trust without full probate.

### When it works

- The settlor signed a schedule of assets attached to the trust naming the property.
- The trust contains a general assignment clause covering after-acquired property (often called Ukkestad language after Ukkestad v. RBS Asset Finance, Inc. (2015) 235 Cal.App.4th 156).
- A separate written assignment of personal property exists.
- A deed was executed but never recorded.
- Real property was deeded out of the trust for refinancing and never deeded back.

### What it does

If granted, the order confirms the asset was always trust property and directs whatever transfers are needed (recording the order against real property, retitling accounts) to make record title match. The asset bypasses probate.

### Process

Gather the trust, schedules, assignment language, and asset documentation. Draft and file the petition in the superior court of the county where the trust is administered. Give notice under §§ 851 and 17203 to all beneficiaries, heirs, and any other interested parties. Attend the hearing. If unopposed and the documentation supports the settlor's intent, the petition is generally granted.

## Probate without a will (intestate succession)

When a California resident dies without a will, the estate passes under the intestate succession statutes, Probate Code §§ 6400 to 6414. Key rules:

- A surviving spouse takes all of the community property (§ 6401(a)).
- The surviving spouse's share of the decedent's separate property depends on the decedent's other surviving relatives: all of it if no surviving issue, parent, sibling, or issue of a deceased sibling; one-half if one child or one deceased child's issue; one-third if more than one child (§ 6401(c)).
- Anything not going to the spouse passes per Probate Code § 6402: to issue, then parents, then siblings and their issue, then grandparents and their issue, and so on.
- Stepchildren who were not legally adopted are not heirs (subject to the equitable adoption doctrine in narrow cases).
- Unmarried partners are not heirs no matter how long the relationship lasted.

Court involvement is required (probate or one of the simplified procedures listed above). The same statutory fees apply.

## Elder financial abuse

Welfare and Institutions Code § 15610.30 defines financial abuse of an elder or dependent adult as taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use, with intent to defraud, or by undue influence. Remedies under § 15657.5 include double damages, attorney's fees, and (if the conduct included recklessness, oppression, fraud, or malice) further enhancement.

Common patterns: opportunistic remarriage targeting recent widows and widowers, predatory caregivers, fiduciaries (trustees and agents under power of attorney) who self-deal, late-life amendments to estate planning documents under suspicious circumstances, and "investments" sold to the elderly that are designed to be illiquid and unrecoverable.

## Frequently asked questions

### Will I work directly with an attorney?

Yes. Consultations and planning discussions are handled by Eric Ridley directly. Drafting and filings are coordinated with a paralegal where appropriate. Estate planning involves legal judgment and personal values, and direct attorney involvement is the point.

### Do I need to come to an office?

No. The practice is virtual. Consultations and planning sessions are by Zoom or phone. Documents are reviewed before signing and execution can be coordinated without travel.

### How long does the process take?

Several weeks across multiple meetings. The process is structured to prioritize accuracy and durability, not speed.

### Is estate planning a one-time task?

No. Plans should be reviewed when major life events occur: marriage, divorce, birth or adoption of a child, death of a beneficiary or trustee, acquisition of significant property, retirement, relocation across state lines, or significant changes in finances. Laws change too. Outdated plans cause as many problems as no plan at all.

### Can estate planning address incapacity, not just death?

Yes. The durable financial power of attorney, the advance healthcare directive, and the revocable trust together form the incapacity-planning structure. Without them, the family typically has to file a conservatorship petition, which is public, expensive, and slow.

### What does it mean to fund a trust?

Funding means transferring ownership of assets into the trust so that the trust actually controls them. A trust that is never funded does not avoid probate. Funding requires deeds for real property, retitling for non-retirement financial accounts, and coordination of beneficiary designations for retirement accounts and life insurance.

### Do I still need estate planning if most of my assets are in retirement accounts?

Yes. Retirement accounts pass by beneficiary designation, and the rest of the plan has to be coordinated with that. Without coordination, the result is often unintended.

### How does estate planning work for married couples in California?

California is a community property state. Property acquired during marriage with community earnings is presumptively community property. Property owned before marriage, or received during marriage by gift or inheritance, is presumptively separate. Estate planning has to account for community and separate property, the surviving-spouse exemption from probate (the spousal property petition), and any pre-existing agreements or transmutations. Blended families with children from prior relationships need particular care.

### What are wills and trusts and how are they different?

A will takes effect only at death and directs distribution of property in the decedent's individual name. A trust takes effect when signed and controls whatever property has been transferred to it. A will goes through probate. A trust does not. A will can name a guardian for minor children; a trust cannot.

### Can online forms work?

Generic online forms cannot account for community property, blended families, real estate titling, beneficiary coordination, incapacity, or California-specific procedure. The most common failure mode is a trust that was created on paper but never funded, which leaves the family in probate anyway. Cleaning up an online plan after death typically costs several times what the original planning would have cost.

### What if I don't have an estate plan?

If you die without a plan, California's intestacy statutes determine who inherits, regardless of your wishes. Probate is almost always required. Outcomes are particularly bad for blended families, unmarried partners, and children from prior relationships.

### How much should an estate plan cost?

A complete estate plan with a funded living trust typically falls in the $2,500 to $5,000 range for straightforward circumstances. Plans with significant complexity (Medi-Cal planning, special needs planning, business succession, multi-state real estate, or blended-family asset protection) cost more. A plan priced significantly below that range usually reflects a document-only product without the planning conversation, the funding work, or the design judgment that makes the plan actually work.

## Service areas

Statewide California, with concentration in Ventura County, Santa Barbara County, and Los Angeles County. City pages on the site cover Camarillo, Fillmore, Oxnard, Port Hueneme, Santa Barbara, Santa Paula, Thousand Oaks, and Ventura.

## Disclaimers

The information on this site is general and is not legal advice. Eric Ridley is licensed in California and the federal districts listed above. Reading this site, sending information through this site, or scheduling a consultation does not create an attorney-client relationship. An attorney-client relationship is formed only when a written retainer agreement has been signed by both parties and any required fees have been paid. Past results do not guarantee future outcomes.

Investment advisory services referenced on the site are offered through Integrity Advisory Solutions, LLC, an SEC-registered investment adviser. Ridley Wealth, LLC and IAS are not affiliated with Law Offices of Eric Ridley for legal services. Investment advisory services are available only in jurisdictions where the relevant representatives are properly registered or exempt. For investment-related inquiries, contact Spencer Ridley at (805) 244-5201 or spencer@ridleywealth.com. Background information on the firm is available through FINRA BrokerCheck.