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Los Angeles Probate, Estate & Tax Blog
Recent developments in Probate, Estate and Tax Law.
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Can’t Afford Hourly Legal Fees? How a Contingency Fee May Help
Short Answer If you cannot afford hourly attorney fees or a large retainer, a contingency fee may make it possible to pursue a California probate litigation or trust litigation claim. Under a contingency fee arrangement, attorney’s fees are generally paid from a successful recovery rather than paid in advance. However, not every case qualifies, and clients may still be responsible for litigation costs. When an Inheritance Is Being Withheld An inheritance should not disappear
Linda Varga
5 min read


How to Pay for Trust Litigation in California
Short answer You can usually pay for California trust litigation through a traditional hourly retainer, a contingency fee, or a customized fee arrangement. The right fee structure depends on the legal merit of the case, the value and accessibility of trust assets, expected litigation costs, and the likelihood of recovery through settlement or trial. Why trust litigation costs vary Trust disputes can involve contested accountings, trustee removal, breach of fiduciary duty, und
Linda Varga
4 min read


The New $15 Million Estate Tax Exemption: What California Families Should Do Now
Short Answer For 2026, the federal estate and gift tax exemption amount is $15,000,000 per person, and the annual exclusion amount for gift tax remains $19,000 per beneficiary. California does not collect a separate estate or inheritance tax for current deaths; however, California Probate, California Trusts & Wills, Trust Administration, Medi-Cal Planning, real estate reassessment, and California Estate Tax analysis still require planning. Introduction: A Bigger Exemption Is
Linda Varga
4 min read


Prop 19 and Your Inherited California Home: How to Keep Your Parents' Low Property Tax?
Short Answer You may preserve your parents’ low property tax base if the inherited property was their principal residence and becomes your principal residence. You must also claim the Homeowners’ Exemption or Disabled Veterans’ Exemption within one year and file the appropriate Proposition 19 claim with the county assessor. However, reassessment may apply when the home’s fair market value exceeds the permitted value limit. Introduction California voters approved Proposition 1
Linda Varga
4 min read


How to Explain Unequal Inheritances to Children Without Fueling Litigation in California
Short Answer An Unequal Inheritance does not automatically create a legal problem in California. However, it can increase the risk of Family Conflict, an Estate Contest, and Probate Court litigation when Children or other Beneficiaries believe the distribution resulted from Favoritism, Undue Influence, Lack of Capacity, or unclear intent. Parents can reduce that risk through Intentional Planning, a Well-Drafted Trust or will, current Legal Documents, Written Intentions, and C
Linda Varga
5 min read


HIPAA Authorizations vs. Advance Health Care Directives in California: Why You Usually Need Both
Short Answer A HIPAA Authorization lets named people receive your protected health information, including medical records and updates from doctors. A California Advance Health Care Directive (AHCD) appoints a Health Care Agent to make medical decisions if you cannot make them yourself. Because access to medical information is different from the authority to make health care decisions, California adults usually need both. Introduction: Information and Authority Are Different D
Linda Varga
6 min read


Flat Fees vs. Statutory Fees in California Probate: What Clients Need to Know Before Hiring Counsel
Short Answer: California Probate Code §10810 sets statutory (percentage-based) attorney fees calculated on the gross estate value, not what's left after debts. Some attorneys offer flat fees for straightforward or summary probate cases. Understanding which structure applies to your estate can mean a difference of tens of thousands of dollars. Introduction: The Bill Nobody Sees Coming Probate surprises families every day, not because the process is secret, but because the cost
Linda Varga
5 min read


Guardians of the Inbox: Protecting California Seniors from Digital Financial Exploitation
Short Answer California seniors can reduce the risk of digital financial fraud by combining technological defenses, bank protection, account monitoring, trusted contacts, and prompt reporting. However, when elder financial abuse or financial exploitation occurs, legal protections, evidence preservation, and timely action may be essential to protect assets, financial independence, and future estate plans. Digital Fraud Has Moved Into Everyday Life Older adults increasingly rel
Linda Varga
5 min read


Doctor Notes, Capacity Declarations, and Video Signings in California Estate Planning?
Short Answer A doctor’s note, capacity declaration, or recorded video signing can strengthen evidence that a person had the required mental capacity when signing California estate planning documents. However, none of these tools automatically makes a will, trust, durable power of attorney, or other estate planning instrument valid. California law applies different legal standards depending on the document, the client’s abilities, the timing of the signing, and the facts surro
Linda Varga
9 min read
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