Moravec Varga & Mooney

Elder exploitation is a growing problem in California and across the nation, with scammers, caregivers, and even family members taking...

Grantee Beneficiary of a Home When transferring real estate in California, especially as part of estate or trust planning, you might come across the term "grantee beneficiary." But what does it mean, and how is it different from a regular beneficiary? In this post, we’ll break down what a grantee beneficiary is, how they relate to deeds and estate transfers, and what California residents should know when using this designation. 📘 What Does “Grantee Beneficiary” Mean? A grant

If someone you love has a disability, leaving them an inheritance the wrong way can do more harm than good. A direct bequest — even a well-intentioned one — may disqualify your loved one from critical government benefits like Supplemental Security Income (SSI) or Medi-Cal. With the right planning, you can protect both their financial future and their eligibility for public programs. Below are the questions our clients ask most often when planning for a disabled heir in Califo

The recent wildfires in Los Angeles County have devastated countless homes, destroying not only personal belongings but also critical...

Probate in California can be time-consuming, expensive, and public. Many people want to ensure that their loved ones can access funds or property quickly after their death—without the delays of probate court. Fortunately, several estate planning tools are available to help assets bypass probate, including bank account beneficiary designations, revocable living trusts, and Transfer-on-Death (TOD) strategies. But which option is right for you? This guide compares the pros and c

Being named the executor of a will is an honor—an expression of trust by someone who believed in your ability to manage their final...

Beginning April 1, 2025, California law makes it easier for heirs to transfer ownership of a deceased person’s real property—without going through full probate. Thanks to changes introduced under Assembly Bill 2016 (AB 2016), the Petition to Determine Succession to Real Property under Probate Code §13151 will apply to estates with significantly higher property value limits. Here’s how this updated process works and how you can use it to claim real estate without the time and

When a loved one passes away, the grieving process is often accompanied by a long list of legal and financial responsibilities—one of the most significant being the probate process. But how soon must you file probate after death? Understanding probate deadlines is crucial to protect the estate and fulfill legal obligations. What Is Probate? Probate is the legal process through which a deceased person's assets are distributed to beneficiaries and heirs, and debts are paid. The

In today’s world, blended families are increasingly common. But when a stepparent dies without a will , stepchildren may be surprised to...

When a loved one dies, gaining access to their financial accounts can feel overwhelming—especially if you want to avoid the time and cost of formal probate. Fortunately, some bank accounts in California can be claimed without going through probate, depending on how they’re structured and the total value of the estate. Here’s what you need to know to claim a deceased person’s bank account without probate. 1. Check If the Account Has a Payable-on-Death (POD) Beneficiary Many ba

When a loved one passes away in California and they leave behind a bank account in their name only, you may be able to claim the funds without going through probate. If the value of the deceased person’s entire estate is below a certain limit, you can use a Small Estate Affidavit, a simple, court-free alternative under California Probate Code §13100. Guide to completing and using the California Small Estate Affidavit to claim a bank account. Step 1: Determine Eligibility To

When someone passes away and their estate enters probate, the court often requires the personal representative (executor or administrator) to obtain a probate bond—a type of insurance that protects heirs and creditors from potential mismanagement of estate assets. But many people wonder: Who pays for the probate bond? In California, the answer is typically the estate itself, not the personal representative. However, there are exceptions and nuances worth understanding. What I

When a loved one passes away, one of the first financial concerns for their family is gaining access to their bank accounts. The question many people ask is: "If the bank account has a named beneficiary, does it still have to go through probate?" In most cases, bank accounts with named beneficiaries can avoid probate entirely—but there are important exceptions and conditions to understand. What Is a Beneficiary Designation on a Bank Account A beneficiary designation (also cal

When it comes to avoiding probate in California, not all assets are created equal. Some account types and ownership structures allow assets to pass directly to beneficiaries, while others can get tied up in the court system. Three popular tools used to sidestep probate are: Payable-on-Death (POD) Accounts Revocable Living Trusts Joint Accounts with Right of Survivorship Each method has pros, cons, and best-use scenarios. Here’s how they compare. 1. Payable-on-Death (POD) Acco

Effective April 1, 2025, California's Assembly Bill 2016 (AB 2016) brings significant changes to the state's probate laws, particularly affecting small estates and primary residences. These adjustments aim to streamline the estate administration process for many Californians. There is no general increase to California's small estate probate threshold set for January 1, 2026. Key Changes Under AB 2016 1. Increased Threshold for Small Estate Affidavit The small estate affidavit