Moravec Varga & Mooney

Short Answer A California disclaimer trust is an estate planning arrangement that lets a surviving spouse decide, after the deceased spouse’s death, whether to disclaim all or part of an inheritance. If the surviving spouse makes a timely and legally effective disclaimer, the disclaimed assets can pass into a bypass trust or optional bypass trust under the trust document rather than becoming part of the surviving spouse’s own estate. This can preserve financial flexibility, s

Short Answer: Yes, California law generally allows you to disinherit an adult child, sibling, parent, prior spouse, or other family member. However, a valid disinheritance requires more than leaving a name out of a will or trust. Your estate plan should use express language, properly address omitted spouse and omitted child rules, account for community property rights, and coordinate non-probate assets such as life insurance and retirement accounts. A surviving spouse cannot

Short Answer A bank account beneficiary and a will beneficiary are not necessarily the same, and they do not receive property under the same legal process. When a bank account has a payable-on-death (POD) designation, the bank generally follows its account agreement and pays the money to the named beneficiary after receiving the required paperwork, often including a certified death certificate and identification. The funds usually transfer outside probate. By contrast, a will

Short Answer In California, a purely electronic will, such as a document signed only with a digital signature or electronic signature on an online platform, is generally not a substitute for a properly executed traditional Last Will and Testament. California estate planning law still centers on a written, physical document signed by the Testator and properly witnessed, unless the document qualifies as a handwritten holographic will. Therefore, digital wills may be useful for

Short Answer Marriage does not create an estate plan. In California, spouses who delay estate planning can leave their assets, home, accounts, health care choices, and children’s future exposed to avoidable probate proceedings, family conflict, and court involvement. A well-designed estate plan can address inheritance, incapacity, medical decisions, guardianship, and the distribution of wealth before a crisis makes those decisions harder. The Wedding Is Not the Finish Line “I

Short Answer To become an estate administrator in California after someone dies without a will, file Form DE-111, Petition for Probate, in the probate division of the Superior Court of California for the county where the deceased lived. You must give required notice, attend a probate hearing, and obtain a court order and Letters of Administration before you can legally manage estate assets. Priority generally starts with the surviving spouse or domestic partner, then children

Short Answer Probation and parole both fall under community supervision in California, but they sit on opposite ends of a criminal sentence. Probation lets a judge suspend jail or prison time so an offender serves their sentence under court-ordered supervision instead of incarceration. Parole, by contrast, is supervised release granted after an inmate has already served a portion of a prison sentence, overseen by the California Department of Corrections and Rehabilitation (CD

Short Answer In California, a probation violation can lead to serious consequences, including jail or prison. Whether you go to jail for a first probation violation depends on the type of violation, your criminal record, and the judge’s discretion. Courts may impose probation modification, probation reinstatement, or probation revocation, which can result in a county jail sentence or even a California State Prison term. Introduction: Understanding Probation Risks Probation in

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

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

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

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

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

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

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