How Proper Planning Can Protect Your Family and Your Home If you own real estate in California, proper estate planning is one of the most important steps you can take to protect your family. Without the right planning in place, your home and other assets may be subject to probate, a court-supervised process that can […]
Category Archives: Probate & Trust Administration
Content related to probate and trusts in California.
The Power to “De-Fund” the Trust: In some cases, the best strategy might be to pull assets out of your own trust and move them elsewhere. A standard trust is designed to hold assets, not give them away. Your trustee needs the specific power to do this for asset protection purposes.
I’m Michael J. Young, an estate and long-term care planning attorney, and I witness this struggle far too often. My mission involves helping families navigate the complexities of estate planning, ensuring they protect their assets and their loved ones from unnecessary legal battles and financial drains. Today, I want to share crucial insights about one of the most common and easily avoidable pitfalls: probate for your home.
Can you achieve peace during probate? When Jennifer M. lost her father, it was heartbreaking. But just six months later, the death of her mother upended her life. Their family home in Walnut Creek — the place where she grew up, celebrated birthdays, and decorated the same old tree every Christmas — suddenly sat silent, full of memories but tangled in legal uncertainty
Probate is not a quick process. In California, it can take anywhere from several months to over a year, depending on the complexity of the estate and the court’s workload. Handling probate independently means dedicating a significant amount of time to manage all aspects of the process.
By entrusting the legal aspects of probate to a qualified attorney, you gain peace of mind knowing that the process is being handled professionally and efficiently. You can have confidence that your loved one’s wishes will be honored and that your interests are fully protected.
In an attempt to help our clients and friends understand probate terms, we have assembled this short probate dictionary, which features helpful probate terms. Beneficiary The beneficiary is the person named in the will who will inherit the assets of the probate estate.
Assets held in “Joint Tenancy” should not require a probate. For instance, the title can be held by two individuals “as joint tenants.”
Probate Matters. If title is by two people as joint tenants, and one dies, there will be no probate on the first death.
Only certain assets left through a person’s will can be administered through a probate proceeding. For a married person, all of his or her separate property, which is in that person’s name alone, can be distributed through a probate court proceeding. Separate property is identified as what was owned by the decedent before marriage. In […]








