Can Someone Else Pay for a California Estate Planning Attorney?

If the cost of setting up a will or trust has you hesitating, you might be wondering—can someone else pay for a California estate planning attorney? The answer is yes. Whether it’s a parent, adult child, or another relative, third-party payment is allowed, as long as the person receiving the legal services—the client—maintains full control over their plan.

California law allows third-party payment for legal services in estate planning, but there are important ethical and practical rules to protect your rights. The attorney’s duty is to the person receiving the legal advice, even if someone else is footing the bill.

What to Know Before Accepting Help

If someone offers to pay for your estate plan, it’s essential to make sure the arrangement is handled properly. Here’s what matters most:

  • Attorney-Client Confidentiality Still Applies
    Even if someone else pays, only the client can direct the attorney and access confidential information.

  • No Undue Influence Allowed
    The estate plan must reflect your wishes—not the person paying. Courts will not enforce documents signed under pressure or manipulation. California law defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” This legal standard is found in California Welfare and Institutions Code § 15610.70 and is incorporated into the California Probate Code § 86. When determining if undue influence occurred, courts consider factors like the vulnerability of the person, the influencer’s authority, the tactics used, and whether the result was unfair. Estate planning documents created under pressure or manipulation can be challenged and invalidated—so it’s essential your plan reflects your true intent, free from coercion.

  • Informed Consent is Required
    The attorney should confirm that you understand the arrangement and agree to it voluntarily.

  • Communication is Key
    Make sure it’s clear that payment does not entitle the third party to decision-making power or access to your private discussions. 

Why an Estate Plan with an Experienced Attorney is Important

An estate plan is more than just a will—it may include a living trust, power of attorney, and advance health care directive. A qualified attorney ensures these documents meet California’s strict legal standards and reflect your actual intentions.

  • Proper legal advice can help you avoid probate and minimize tax consequences

  • You’ll have peace of mind knowing your family is protected and your assets will be distributed as intended

  • Legal guidance reduces the risk of disputes or costly errors later on

Conclusion

Yes, someone else can pay for your estate planning—but the process must respect your independence and legal rights. Whether you’re receiving financial help or managing your own estate planning budget, working with a trusted California estate planning attorney ensures your wishes are clearly documented and legally enforceable. For reliable support creating or updating your estate plan, contact the Law Offices of David W. Knecht at (707) 451-4502 to get started.

 
 
 
 
Filed Under: California Estate Plan, Digital Estate Plan, Estate Planning, Estates, Fairfield Attorney, Fairfield Lawyer, General, Vacaville Attorney, Vacaville Lawyer

How to Choose the Right Trustee for Your Estate Plan

Choosing the right trustee can make or break the success of your estate plan. The person or institution you select will have the legal duty to manage your trust assets, follow your instructions, and act in the best interests of your beneficiaries. If you’re asking yourself how to choose the right trustee for your estate plan in California, you’re not alone—it’s one of the most important and personal decisions in the estate planning process.

What Does a Trustee Do?

A trustee is legally responsible for administering the trust according to the terms you set. As discussed in this article from NerdWallet, trustee responsibilities may include:

  • Managing investments and real estate

  • Distributing assets to beneficiaries

  • Paying taxes and expenses

  • Keeping accurate records and reporting to beneficiaries

  • Making difficult decisions about timing and discretion

It’s not just about financial acumen—it’s about trust, judgment, and long-term reliability.

Qualities to Look for in a Trustee

Selecting a trustee isn’t always as simple as naming your oldest child or closest friend. According to the LA Times, many people automatically choose family members without fully considering whether that person has the time, temperament, or skill to handle the role.

Here are key traits to consider:

  • Trustworthiness: This seems obvious, but the trustee will control access to family wealth. Integrity is essential.

  • Financial competence: They don’t have to be a CPA, but they should understand basic money management or know when to hire professionals.

  • Objectivity: Emotional entanglements can lead to conflict. A neutral party may be preferable in contentious family situations.

  • Communication skills: The trustee must regularly interact with beneficiaries and professionals like attorneys and accountants.

As AARP notes, naming someone simply out of obligation—such as the oldest child—can be a mistake if they lack these critical qualities.

Should You Use a Professional Trustee?

If no individual in your circle fits the bill, consider appointing a professional trustee—such as a bank, trust company, or private fiduciary. These entities bring experience, neutrality, and continuity. However, they also come with fees, typically ranging from 0.5% to 1.5% of the trust’s annual value.

Professional trustees are often a good option when:

  • Your trust will last for many years (e.g., for young or special needs beneficiaries)

  • You want to avoid family conflict

  • You have complex assets, such as business interests or significant investments

According to Forbes, professional fiduciaries are held to a strict legal standard and are required to keep detailed records, provide statements, and stay compliant with changing tax and trust laws.

When to Consider a Co-Trustee

In some cases, you may want to appoint co-trustees, such as a family member and a professional trustee working together. This approach allows you to combine personal insight with professional expertise—but it can also lead to conflict or slow decision-making if the co-trustees don’t work well together.

Make sure to consider:

  • Whether your co-trustees are likely to cooperate

  • How tie-breaking authority will be handled

  • What happens if one trustee steps down or becomes incapacitated

Review and Update Regularly

Your trustee decision should evolve with your circumstances. Reassess your choice if:

  • Your chosen trustee moves, ages, or develops health issues

  • Family dynamics change

  • Your estate grows significantly or becomes more complex

Your estate planning attorney can help you update your documents to reflect new preferences and make sure your successor trustees are clearly designated.

Conclusion

If you’re wondering how to choose the right trustee, the key is to focus on reliability, fairness, and capability—not just familiarity. In some cases, the best trustee isn’t a family member at all. At David Knecht Law, we guide clients through every step of the estate planning process, including trustee selection, to ensure their wishes are honored and their legacies protected.

Need help with a trust or estate plan? Contact David Knecht Law at (707) 451-4502 today to schedule a consultation.

Filed Under: Digital Estate Plan, Estate Planning, Estates, Fairfield Attorney, Fairfield Lawyer, Living Trust , Living Will, Power of Attorney, Probate Lawyer, Trust Administration Attorney , Vacaville Attorney, Vacaville Lawyer

Strangest Wills of All Time

Estate planning is typically a serious matter, with most wills being viewed as solemn and straightforward documents. However, history has its share of those that are anything but ordinary. From quirky requests to strange stipulations, some individuals have used their wills to express creativity and leave behind an unconventional—yet memorable—legacy. These distinctive demands are not only amusing but also underscore the significance of thoughtful estate planning. This article will examine some of the oddest estate planning choices of all time.

The billionaire who left 12 million to her dog

  • Leona Helmsley, a billionaire hotelier famously known as the “Queen of Mean,” caused a media storm when she left $12 million to her beloved Maltese dog, Trouble, after her death in 2007. However, a judge later reduced the amount to $2 million, as it was considered excessive. The funds were intended to ensure Trouble’s care, including a full-time security team due to death threats made against the dog. Trouble lived out the rest of her life comfortably, though on a reduced budget

Random inheritance

  • In one of the more unusual inheritance stories, Luis Carlos de Noronha Cabral da Camara, a Portuguese aristocrat, left his estate to 70 random strangers chosen from a Lisbon phone book. With no close family or friends, he made this unconventional choice when drafting his will in 1988. When he passed away in 2007, the selected beneficiaries were notified, many of whom initially thought it was a joke.

Mustache condition

Englishman Henry Budd who died in 1862 became famous for odd stipulation in his will. He left a significant inheritance to his sons with one peculiar condition: neither of them was ever allowed to grow a mustache.

Using a will to get even with a spouse

Samuel Bratt saw his chance to settle a score with his wife after his passing in 1960. Since she never allowed him to smoke during his lifetime, his will had a requirement that she would inherit £330,000 ($509,025) on one condition: she had to smoke five cigars a day.

Long wait “spite clause“

Industrialist Wellington Burt took inheritance delays to a whole new level. His will dictated that his heirs would have to wait 21 years after the death of his last surviving grandchild who was alive at the time of his death. This resulted in his heirs waiting 92 years before they could access his wealth.

A cat mansion

  • Dusty Springfield, an English singer who died in 1999, ensured that her beloved cat, Nicholas, would live in luxury after her death. Her will included detailed instructions, such as playing Nicholas’s favorite songs, feeding him imported baby food, and creating a specially furnished room for him, complete with a cat tree and a bed lined with Dusty’s nightgown.

Guinness World Record richest cat

  • In 1988, British antiques dealer Ben Rea left £7 million ($12.5 million) to his cat, Blackie, making him the world’s wealthiest cat—a record that still stands. Rea directed that his fortune be shared among three cat charities, with instructions to care for Blackie for the rest of his life.

Buried in a Pringles can

  • Fredric J. Baur, the inventor of the iconic Pringles can, passed away in 2008 and was cremated. Honoring his unique request, his family placed part of his ashes inside a Pringles can before burial.

Consult an Experienced Estate Planning Attorney

Whether you have traditional plans in mind, or whether you are looking to do something unique like some of the unusual choices discussed in this article, we are here to help! At David Knecht Law, we have extensive experience in estate planning and can help you create the plan that is just right for you and your loved ones. We focus on serving Vacaville and Fairfield clients. Contact us today at 707-451-4502.

  

Filed Under: California Estate Plan, Digital Estate Plan, Estate Planning, Fairfield Attorney, Fairfield Lawyer, Living Trust , Living Will, Probate Lawyer, Trust Administration Attorney , Vacaville Attorney, Vacaville Lawyer

Warren Buffett’s Estate Plan: Key Takeaways for Effective Wealth Transfer

Warren Buffett, one of the most successful investors of all time, is not only known for his business acumen but also for his carefully planned estate strategy. Buffett has consistently emphasized philanthropy, efficient wealth transfer, and minimizing taxes, which serve as key pillars of his estate plan. While his fortune is massive, the principles behind his estate planning strategies can provide valuable lessons for anyone looking to efficiently transfer wealth to future generations while supporting charitable causes.

Here are the key takeaways from Warren Buffett’s estate plan and what individuals can learn to apply in their own estate planning strategies:

Buffett’s “Death Plan” to Dodge Taxation

  • Minimizing Taxes: One of the most notable elements of Buffett’s estate plan is his focus on reducing the tax burden on his estate. A Yahoo Finance article reveals that Buffett intends to donate over 99% of his wealth to charity, significantly minimizing the estate tax impact.
  • Charitable Giving as a Tax Strategy: By directing his wealth toward charitable causes, Buffett not only benefits society but also reduces the taxable portion of his estate. For individuals with smaller estates, strategies such as charitable remainder trusts (CRTs) and setting up family foundations can serve a similar purpose—supporting causes while reducing tax liabilities.

Generational Wealth and Family Control

  • Trusting the Right People: Buffett has ensured that his three children will manage portions of his estate through charitable foundations, as highlighted in a CNBC article. By empowering his children to oversee specific aspects of his wealth, Buffett ensures that his legacy aligns with his long-term goals.
  • Choosing Executors and Trustees: One of the critical lessons from Buffett’s approach is the importance of selecting trusted individuals to manage your estate. This ensures that wealth is handled responsibly, according to the testator’s wishes. Even for smaller estates, choosing a trustworthy executor or trustee is vital to ensure that your wealth is passed down efficiently and according to your plans.

Philanthropy and Legacy

  • Leaving a Legacy: In a thought-provoking article from The Blum Firm, Buffett’s estate philosophy reflects his belief that wealth should serve a greater purpose. His plan to give away most of his fortune, while still leaving his children with enough to manage charitable foundations, showcases his commitment to leaving a legacy of philanthropy and responsible wealth management.
  • Aligning Your Estate with Your Values: You don’t need to be a billionaire to leave a lasting legacy. Smaller estates can still have a significant impact through thoughtful philanthropy. Consider how a portion of your estate could support causes important to you—whether through a local charity, scholarship fund, or community project.

Practical Estate Planning Lessons from Buffett’s Approach

  • Charitable Giving for Tax Reduction: Incorporating charitable donations into your estate plan can help reduce the taxable portion of your estate while supporting causes you care about.
  • Select the Right Executors or Trustees: It’s crucial to choose trusted individuals to manage your estate after your passing. These individuals will ensure that your wealth is distributed according to your wishes and that your estate is handled efficiently.
  • Plan for Your Legacy: Consider how your wealth will impact your loved ones and your community. Like Buffett, your estate can reflect your values and goals, whether through donations to charity or establishing family foundations.
  • Provide Clear Instructions: Make sure your estate planning documents are detailed and leave no room for confusion. Specify how your assets should be distributed, who should oversee the estate, and how charitable donations or foundations should be managed.

Consult the Law Office of David Knecht

Whether you are interested in preserving your wealth for your heirs or making a lasting impact through philanthropy, our experienced team can help you create a plan that reflects your values and goals. At David Knecht Law, we are here to guide you through this process and help you create a legacy that aligns with your vision for the future. We understand that estate planning is a deeply personal process, and we are committed to helping our clients navigate the complexities of the estate planning process. Contact us today at (707) 451-4502. Our experienced team is ready to assist you.

Filed Under: California Estate Plan, Digital Estate Plan, Estate Planning, Estates, Living Will, Power of Attorney, Trust Administration Attorney , Vacaville Attorney, Vacaville Lawyer

What is a Digital Estate Plan and Do I Need One?

With social media being part of the everyday life for many, the question presents itself as to how you want your social media to be handled when you die.  Do you want your loved ones to announce your passing on social media?  Would you prefer the privacy of having the account shut down? These are examples of how a Digital Estate Plan would help your family and friends honor your wishes in social media and other ways when you pass.  This article will discuss a Digital Estate Plan to help you understand what it is and decide if it is something you need. 

What is a Digital Estate Plan?

Digital estate planning is the process of organizing your digital property and digital assets, and making arrangements for what should happen to that digital landscape after your death. 

Step 1:  Make a List of Digital Assets. 

The first step of making your Digital Estate Plan is to take inventory of all your assets, which could include the following:

  • Email
  • Social media accounts
  • Online log in information for banks, stock trading accounts, retirement accounts
  • Photo and video sharing accounts
  • Domain names/blogs/ websites you own
  • Reward accounts such as airline mileage accounts
  • Intellectual property, including copyrighted materials and trademarks
  • Online diaries/calendars/notes

Step 2:  Decide What You Want Done with Assets. 

The next step is to think through your ideal scenario for what you want to happen with your assets:

  • Do you want social media accounts deleted, or to continue running under someone’s direction?
  • How will your email accounts be handled?  (For helpful information on the policies of email providers, here is a resource:  https://www.everplans.com/articles/what-happens-to-my-email-accounts-when-i-die
  • Which assets have monetary value?

Step 3:  Store the Information in an Easily Accessible Place

To be useful, the Digital Estate Plan needs to be stores somewhere that it can be located easily after your passing.  There are many ways you can store your Digital Estate Plan.  You can contact an attorney, you can store the information online, or you can store the information in a physical location, like a bank. 

Step 4:  Incorporate the Digital Estate Plan into Your Overall Estate Plan

A complete California Estate Plan generally includes a Living Trust, Powers of Attorney for Property and Healthcare, a “HIPAA” authorization, a Living Will/Advance Healthcare Directive,  a Pour-Over Will, Deeds to your properties, Beneficiary Designations on various assets, and Guardian Nominations for minor children.  You can include the Digital Estate Plan that you have organized into you overall California Estate Plan.  The attorneys at the Law Office of David Knecht have extensive experience in estate planning and can advise you on how to create a plan that sets out your wishes for your loved ones in the event of your death.  Contact us at 707-451-4502 for more information.  

Filed Under: Digital Estate Plan