Estate Planning FAQs

Estate planning involves important decisions about your assets, family, and future. Explore answers to common questions about wills, trusts, incapacity planning, beneficiaries, probate, and creating an estate plan that reflects your goals.

Estate Planning Basics

  • What is estate planning, and why is it important?

    Estate planning is the process of creating legal documents and strategies that determine how your assets will be managed during your lifetime and distributed after your death. A comprehensive estate plan can help protect your family, minimize legal complications, avoid unnecessary probate, and ensure your wishes are carried out.

  • Do I need an estate plan if I'm not wealthy?

    Yes. Estate planning is not only for wealthy individuals. Anyone who owns a home, has children, owns a business, or wants to control how their assets are distributed should consider having an estate plan in place.

  • What documents are included in a basic estate plan?

    A basic estate plan often includes:


    • A revocable living trust
    • A will
    • Financial power of attorney
    • Advance healthcare directive
    • HIPAA authorization
    • Guardianship nominations for minor children

    The right combination of documents depends on your unique circumstances and goals.

  • How often should I update my estate plan?

    Most people should review their estate plan every three to five years or after major life events such as marriage, divorce, the birth of a child, purchasing property, selling a business, or significant changes in financial circumstances.

Wills and Trusts

  • What's the difference between a will and a trust?

    A will outlines your wishes regarding the distribution of your assets after death, but it typically must go through probate. A trust allows assets to pass outside of probate and can provide greater privacy, flexibility, and control over how assets are managed and distributed.

  • What is a revocable living trust?

    A revocable living trust is a legal arrangement that allows you to manage your assets during your lifetime while providing instructions for how those assets will be distributed after your death. Because it is revocable, you can amend or revoke it during your lifetime.

  • Do I still need a will if I have a trust?

    Yes. Most trust-based estate plans include a "pour-over will," which directs any assets not already in the trust to be transferred into the trust after death.

  • Do I need a trust in California?

    Not everyone needs a trust, but a revocable living trust can be an important estate planning tool for many California individuals and families. Properly funded trusts can help certain assets avoid probate, provide instructions for managing assets if you become incapacitated, and give you greater control over distributions to beneficiaries. Whether a trust is appropriate depends on your assets, family circumstances, and planning goals.

Property and Estate Planning

  • Can I create an estate plan if I own property in multiple states?

    Yes. Proper planning becomes even more important when you own property in multiple states because your family could otherwise face multiple probate proceedings. A trust-based estate plan can often simplify administration and reduce complications.

  • Should my house be in a trust?

    For many California homeowners, transferring a home into a properly established revocable living trust can be an important part of estate planning. Doing so may allow the property to pass according to the trust's terms without going through probate. Whether your home should be held in a trust depends on your ownership structure, goals, and overall estate plan.

  • What happens to real estate when the owner dies?

    What happens to real estate after an owner's death depends on how the property is titled and the estate planning arrangements in place. Property held in a properly funded trust may be administered according to the trust's terms, while individually owned property may be subject to probate. Joint ownership and other transfer arrangements can also affect what happens to the property.

Planning for Children and Family

  • Can I leave assets to my children over time instead of all at once?

    Yes. Trusts can include provisions that distribute assets at specific ages, milestones, or according to conditions you establish.

  • How can I protect my children's inheritance from divorce or lawsuits?

    Certain trust structures may provide protections that help preserve inherited assets from future creditors, lawsuits, and marital disputes.

  • What happens to my minor children if I die without naming a guardian?

    If parents die or become unable to care for their minor children without having nominated a guardian, a court may need to determine who should assume responsibility for them. Estate planning allows parents to nominate trusted individuals to serve as guardians and document their wishes in advance.

Dying Without an Estate Plan

  • What happens if I die without a will?

    When someone dies without a will, state intestacy laws determine who inherits the estate. The court will appoint an administrator to oversee the process.

  • Who inherits my property if I die without a will in California?

    California's intestate succession laws determine who receives probate assets when a person dies without a valid will. Depending on the person's family circumstances, assets may pass to a surviving spouse, children, parents, siblings, or other relatives. The result may differ from how the person would have chosen to distribute the estate.

  • Can estate planning help my family avoid probate?

    In many cases, yes. A properly structured estate plan may use tools such as revocable living trusts, beneficiary designations, and appropriate ownership arrangements to help certain assets transfer outside probate. The appropriate strategy depends on the assets involved and the individual's circumstances.