Estate Planning: What Happens with Unknown Heirs?

Tech billionaire Pavel Durov, founder of the messaging app Telegram, recently made headlines — not for his innovations, but for his estate plan. According to reports, Durov intends to leave his entire fortune to 100 plus children, most of whom he may never even meet. This article will address estate planning and what happens with unknown heirs.

  • In his early years, Durov donated sperm to a fertility clinic.

  • Over 100 children are believed to have been born from those donations.

  • He also has six children with romantic partners.

  • Durov’s plan is to treat all of his biological children equally — whether or not he knows them personally.

  • Some of the children may not even be born yet, as the clinic retains stored sperm.

While Durov’s plan may sound extreme, it raises an important and increasingly relevant legal question: What happens in California when someone has children they don’t know about — and those children aren’t mentioned in their will or trust?

A recent case, Estate of Williams, offers insight into how California courts handle these situations.

The Williams Case: When a Child Is Left Out

In Estate of Williams, Benjamin C. Williams fathered seven children — five born outside his marriage and two within it. In 1999, he created a trust naming only the two children from his marriage as beneficiaries. One excluded child, Carla Montgomery, later discovered her half-siblings and petitioned for a share of the trust as an “omitted child.”

Montgomery argued that her father left her out because he didn’t know she existed when the trust was created. The Court of Appeal disagreed. It found that:

  • Montgomery failed to prove that her father omitted her solely because he was unaware of her birth.

  • Williams had also excluded four other children he did know about.

  • That pattern showed an intent to benefit only the two children of his marriage.

Under Probate Code § 21622, a pre-existing child must prove both that the parent was unaware of the child’s birth and that the omission occurred solely for that reason. Because Williams excluded multiple known children, the court inferred a deliberate choice — not an accident or oversight.

California Law on Omitted Children

California law allows a child to inherit from a parent’s estate if the child was unintentionally omitted — but the rules are narrow. The key statutes are found in California Probate Code §§ 21620–21623.

Here’s what those laws provide:

  • A child born before the execution of a will or trust is presumed to be intentionally omitted unless the child can prove otherwise.

  • To claim a share, the child must show that the omission occurred solely because the parent was unaware of the child’s birth.

  • Children born after the estate plan may have a stronger argument, particularly if the parent failed to update their documents after learning of the child’s existence.

  • A disinheritance clause — stating that any unnamed children are intentionally excluded — strengthens the case for exclusion, but courts also consider the overall pattern of inclusion and omission.

Why This Matters in a Changing World

Cases like Estate of Williams and stories like Durov’s show how estate planning is evolving alongside reproductive technology and modern family structures.

If there’s any possibility that you:

  • have children from past relationships or prior donations,

  • may have biological children you don’t have a relationship with,

  • or have stored genetic material that could be used in the future,

then it’s crucial that your estate plan addresses these realities.

Some key tips:

  • Be specific. Define “children” in your documents — are you including only legally recognized children, or all biological offspring?

  • Use disinheritance clauses thoughtfully. If there are people you intend to exclude, say so clearly.

  • Consider using a trust. Trusts offer more flexibility and precision than wills.

  • Update your plan as life changes. New relationships, births, or discoveries about past paternity should prompt a review.

  • Work with an attorney. Boilerplate estate plans may not anticipate the complexities of your family situation.

Planning for the Unexpected

Estate of Williams underscores the risks of unclear estate planning, while Pavel Durov’s plan illustrates the benefits of clarity and intent. Proper estate planning can set the course you want for what happens when you have unknown heirs. Whether your situation resembles Williams’s or Durov’s — or something in between — an experienced estate planning attorney can help ensure your legacy is protected and your wishes are honored.

To start creating or updating your estate plan, contact the Law Offices of David Knecht today at (707) 451-4502.

How Artificial Intelligence Can Reduce Attorney Fees in Divorce

Divorce is often emotionally exhausting and financially stressful, and many clients look for ways to make the process more manageable while keeping costs under control. One way to ease the burden is by using modern tools like ChatGPT to handle some of the groundwork. Understanding how artificial intelligence can help reduce attorney fees in a divorce means recognizing both its benefits and its limitations. When used wisely, AI can empower clients to take a more active role, saving time and money while avoiding common pitfalls. While you still need qualified legal guidance, strategic use of AI tools can make your attorney’s work more efficient and your case more affordable.

Educate Yourself on the Basics of the Divorce Process

Before you pick up the phone with your attorney, you can use ChatGPT to explain the divorce process in California — what steps are involved, what forms are required, typical timelines, spousal support basics, and property division rules. Coming into your consultation already familiar with these basics means your attorney doesn’t have to spend as much time explaining them. Since most attorneys bill by the hour, this preparation can directly translate into cost savings.

Prepare Better Questions for Your Attorney

Every attorney call is more efficient when you’re prepared. Use ChatGPT to brainstorm questions such as:

  • What’s the difference between community and separate property in California?

  • What documents will I need to verify my spouse’s income?

  • What deadlines apply for disclosures or temporary orders?

Having a clear list of questions keeps your calls focused and avoids unnecessary emails or meetings — saving both time and money.

Assemble and Organize Disclosure Documents

In California divorce proceedings, both parties must exchange a Preliminary Declaration of Disclosure and later a Final Declaration of Disclosure (see Family Code §§ 2100–2114).

ChatGPT can help you stay organized by generating checklists for documents such as tax returns, pay stubs, retirement account statements, and property records. You can even ask it to draft a short summary for your attorney that explains what you have, what’s missing, and why. The more organized your materials are, the less time your attorney spends sorting through them — and the more efficient your case becomes.

Summarize Evidence and Create Charts

Divorce often involves detailed financial information. ChatGPT can help you summarize and format data — for example, creating tables that compare monthly incomes, list debts with interest rates, or outline major asset purchases. These summaries give your attorney a head start in understanding the financial picture, reducing time spent on data entry or calculations.

Use ChatGPT to Generate Questions for Your Attorney

Another effective way to use AI is to prepare for conversations with your attorney. ChatGPT can help you generate a list of questions that make your phone calls and emails more productive. Arriving with a focused list keeps communications concise, prevents unnecessary follow-ups, and ensures that each interaction moves your case forward. This small step can significantly reduce billed time and increase the value of every consultation.

For example, you can ask it:

  • “What questions should I ask my attorney about dividing community property?”

  • “What should I ask before requesting spousal support?”

  • “What information do I need before my next hearing?”

Cautions When Using AI Tools

While ChatGPT can be a helpful assistant, it has important limitations.

Don’t rely on AI for legal advice. ChatGPT can provide general information but cannot replace a licensed attorney. In one recent case, a California lawyer’s ChatGPT use is why courts want AI regulation for filing an appeal with fake citations created by ChatGPT.

Be cautious with case citations or legal research. AI tools sometimes “hallucinate” — fabricating or misquoting cases. A recent study found that leading AI legal research tools generated false citations about one-third of the time, and in Utah, a lawyer was sanctioned after filing briefs with non-existent cases.

Protect your privacy. Avoid pasting sensitive data — such as bank account numbers or Social Security numbers — into AI platforms. If you use AI for organization, make sure the tool complies with privacy and confidentiality standards. For more context on this topic, see this article about why you shouldn’t share confidential information with AI.

Final Thoughts

Used wisely, ChatGPT can be a powerful preparation tool. It can help you understand the process, ask smarter questions, organize disclosure documents, and summarize evidence — all of which make your attorney’s job faster and more cost-effective. But remember: it’s a supplement, not a substitute, for professional legal counsel. If you’re going through a divorce in California, the experienced team at the Law Offices of David Knecht can help ensure your preparation saves you both time and money while protecting your rights every step of the way. Contact us at (707) 451-4502.

10 Estate Planning Mistakes Celebrities Made —And How to Avoid Them

Even the most iconic names in entertainment have made avoidable estate planning mistakes. This article will summarize estate planning mistakes celebrities made. Their stories offer valuable lessons to help ensure your own plan works as intended.

1. Chadwick Boseman – No Will
Boseman passed away in 2020 without a will, which meant his widow had to file a probate case to manage his estate.
Lesson: Always create a will or living trust to prevent court intervention.


2. Aretha Franklin – Multiple Handwritten Wills
Several handwritten wills were discovered years after her death—including one found in a couch cushion—causing long legal disputes.
Lesson: Informal notes can lead to major confusion. Use legally drafted documents.


3. Prince – No Estate Plan
Prince died in 2016 without a will or trust, resulting in a six-year probate battle over his $156 million estate.
Lesson: Even if you’re private or hesitant, some plan is better than none.


4. James Gandolfini – Poor Tax Planning
The Sopranos star left a $70 million estate—almost 55% of which went to taxes due to insufficient tax planning and failure to use spousal deductions.
Lesson: Use marital trusts and tax strategies to preserve wealth for your family.


5. Whitney Houston – Outdated Will
Houston’s decades-old will allowed her daughter to receive her inheritance in lump sums at age 21, 25, and 30—terms that may not have matched her evolving wishes.
Lesson: Update your estate plan regularly as your circumstances and values change.


6. Heath Ledger – Didn’t Include His Daughter
Ledger’s will was signed before his daughter Matilda was born, and it left his entire estate to his parents and sisters—forcing legal workarounds to include his child.
Lesson: Review your plan after the birth of children or other major life changes.


7. Michael Jackson – Executor Disputes
Although Jackson had a trust, court proceedings were still needed to resolve disputes over executors, IRS audits, and debts.
Lesson: Be clear about who should manage your estate and ensure your documents are coordinated and thorough.


8. Amy Winehouse – No Updated Will
Winehouse died without a valid will, which meant her estate defaulted to her parents—excluding her ex-husband and any other intended recipients.
Lesson: Always update your estate plan after major life transitions like marriage or divorce.


9. Gene Hackman – Private Trust, But Still Potential Conflict
Hackman established a living trust and named his wife, Betsy Arakawa, as sole beneficiary of his will and successor trustee of the trust. The publicly-known documents do not list his three adult children as beneficiaries of the trust or will. Because the trust terms remain private and his wife died shortly before him (reportedly just days earlier), the estate’s disposition is now unclear. The children may pursue legal action or contest distribution depending on how the trust is interpreted. 
Lesson: Even with a trust in place, lack of clarity and absence of named heirs can lead to disputes and uncertainty.


10. Matthew Perry – Unfunded Bank Accounts
Although Perry created the “Alvy Singer Living Trust,” he left $1.5 million in bank accounts outside the trust—assets now likely subject to probate.
Lesson: A trust only works if you transfer (or “fund”) assets into it.


Final Thoughts

These stories of estate planning mistakes celebrities made underscore a key truth: estate planning only works when it’s comprehensive, current, and properly executed. At the Law Offices of David Knecht, we help California clients take all the right steps—from creating your trust to funding it, minimizing taxes, and avoiding family disputes. Call (707) 451‑4502 today for guidance from an experienced estate planning attorney who knows how to help you avoid costly celebrity-sized mistakes.

When Do You Need a Probate Lawyer in California?

Losing a loved one is never easy, and dealing with their estate can add stress during an already emotional time. This article will address the question: when do you need a probate lawyer in California. California’s probate process can be complex and time-consuming—but in many cases, a probate lawyer can help you navigate it with confidence and avoid costly mistakes. This article explains when you may need a probate lawyer in California and how they can help.

What Is Probate?
Probate is the court-supervised process of administering a person’s estate after they pass away. California law defines a probate proceeding in Probate Code § 50 as one that administers a decedent’s estate under court supervision. It typically involves:

  • Proving the validity of a will

  • Identifying and valuing assets

  • Paying debts and taxes

  • Distributing remaining assets to heirs or beneficiaries

While some estates can bypass probate, many in California must go through the formal process—especially when the total value of the estate exceeds the small estate threshold and no trust was in place.

When Is Probate Required in California?
You will likely need to go through probate if:

  • The decedent had a will but did not set up a trust (a will does not avoid probate in California—it just provides instructions to the court)

  • The estate includes real estate not held in joint tenancy or a trust

  • The estate’s total value exceeds the small estate threshold (currently $184,500 as of 2024)

  • There is no will (intestate estate), and court appointment of a personal representative is needed

Assets held in a revocable living trust or passed by beneficiary designation (like life insurance or retirement accounts) usually avoid probate.

When Do You Need a Probate Lawyer in California: Common Situations
While it’s possible to complete basic probate steps without a lawyer, it depends on the complexity of the estate.

Executors can represent the estate for routine probate tasks—like filing petitions, gathering assets, and attending probate hearings—but not in separate lawsuits or contested matters. If legal disputes arise, a lawyer is required because non-lawyers cannot represent an estate in civil litigation.

Hiring a probate lawyer is especially recommended when:

  • The estate is large or includes real estate

  • There are disputes among heirs or beneficiaries

  • The estate has significant debt or tax issues

  • There is no will or the will is contested

  • You are the executor and want to avoid personal liability

Executors have legal duties and can be held liable for mistakes. A probate attorney helps ensure proper filings, deadlines, and court compliance.

Why Legal Representation Matters: Estate of Sanchez (2023)
In Estate of Sanchez (2023) 95 Cal.App.5th 523, the California Court of Appeals held that a personal representative could not appear in propri­a person to prosecute causes of action on behalf of an estate when those actions involved third parties and were essentially for the benefit of the estate’s beneficiaries.

The court clarified that even though the fiduciary was appointed as executor and had broad authority under the IAEA, when the fiduciary is advocating for the estate’s beneficiaries (rather than only his or her own rights as executor), independent legal counsel is required — and appearing without counsel amounts to the unauthorized practice of law.

In other words: If you’re acting as executor and filing or defending civil-type claims on behalf of the estate or its beneficiaries, you must retain counsel. Attempting to represent an estate in such proceedings without a lawyer puts the case (and the fiduciary) at risk.

The court clarified that fiduciaries must hire separate legal counsel when representing the estate in court, unless they are formally acting as the estate’s attorney. This rule applies even to lawyers who are executors.

You can read the full case here on Google Scholar. See also Estate of Sanchez – California Lawyers Association

This decision reinforces the importance of hiring a probate lawyer when:

  • You’re managing legal disputes or civil claims tied to the estate

  • You’re unsure whether probate or litigation rules apply

  • You’re handling complex procedural issues

Attempting to represent an estate in legal proceedings without a lawyer could result in dismissal or loss of rights.

What About “Small Estates”?
If the total value of the estate is less than $184,500 (as of 2024), you may be able to use simplified procedures without opening full probate. According to Probate Code § 13100, a successor can use a small estate affidavit to collect certain assets.

However, even small estates can run into issues such as:

  • Unclear ownership of assets

  • Missing or outdated documents

  • Uncooperative heirs

A probate lawyer can help determine whether simplified procedures apply and guide you through the process efficiently.

Experienced Probate Attorneys
Probate in California typically takes 9–18 months. Delays can occur if forms are filed incorrectly, court deadlines are missed, or conflicts arise. A probate attorney can keep the process on track and help you avoid unnecessary stress.

If you’re dealing with the estate of a loved one—or have questions about whether you need a probate lawyer—the experienced attorneys at the Law Offices of David Knecht are here to help. We bring experience, compassion, and professionalism to every probate matter and can guide you through the process with confidence. Contact us today at (707) 451-4502 to schedule a consultation.

Divorce Lessons from the Nicole Kidman and Keith Urban Divorce

Celebrity divorces often make headlines, but behind the glitz, they can highlight important legal principles that apply to everyday families too. This week, the New York Times reported that Oscar-winning actress Nicole Kidman filed for divorce from her husband of nearly 20 years, Grammy-winning country star Keith Urban, citing irreconcilable differences in a Tennessee court. According to Yahoo Entertainment, Kidman has described herself as feeling “devastated” and “betrayed” by the breakup, while rumors swirl that Urban may already be moving on. The highly publicized Nicole Kidman and Keith Urban divorce is a reminder that behind the headlines, the legal system often looks very different than the gossip.

No-Fault Divorce in California

California is a no-fault divorce state, meaning the only ground is “irreconcilable differences.” Under Family Code § 2310, courts do not weigh accusations of betrayal or infidelity when deciding whether to grant a divorce.

  • Divorce can be finalized without assigning blame

  • Emotional reasons, like betrayal or infidelity, do not affect the legal grounds

Child Custody Considerations

Kidman and Urban share two teenage daughters. If their divorce were happening in California, custody decisions would focus entirely on the best interests of the children.

  • Family Code § 3011 – Judges must consider the child’s health, safety, and welfare, and any history of abuse

  • Family Code § 3020 – California policy favors frequent and continuing contact with both parents when it is in the child’s best interests

  • Custody decisions are about stability and the child’s well-being, not about parental blame

Long-Term Spousal Support

Because Kidman and Urban have been married nearly 20 years, their divorce raises another issue familiar to California law: long-term spousal support.

  • Family Code § 4336 – In marriages of “long duration” (10 years or more), the court may retain jurisdiction over spousal support indefinitely

  • Long marriages often mean the court won’t set a fixed end date for support

  • Support is not guaranteed forever but may last longer when circumstances justify it

The Prenup Factor

Many celebrity couples rely on prenuptial agreements to control the outcome of divorce. In California, prenups are governed by the Uniform Premarital Agreement Act (Family Code §§ 1610–1617).

  • A valid prenup can determine property division, spousal support, and other key issues

  • Prenups can override default California community property rules

Conclusion: Lessons for California Couples

The Nicole Kidman and Keith Urban divorce underscores that even when emotions dominate the public conversation, divorce law in California is grounded in clear principles:

  • No-fault divorce – Courts don’t assign blame (Fam. Code § 2310)

  • Custody – Always decided based on the best interests of the child (Fam. Code §§ 3011, 3020)

  • Spousal support – Long marriages often mean longer-term support obligations (Fam. Code § 4336)

  • Prenups – Can significantly change the outcome (Fam. Code §§ 1610–1617)

At the Law Offices of David Knecht, we help California clients navigate divorce with clarity and confidence. Whether you are considering a separation, concerned about custody, or seeking to protect your financial future, our team is here to guide you through every step of the process.  To discuss your unique situation, call us today at (707) 451-4502 to schedule a consultation and protect what matters most.

Prenuptial Agreements: Lessons from the David Geffen Divorce in California

The recent David Geffen divorce has drawn international attention—not only because of the billionaire media mogul’s fame, but also because of what was missing: a prenuptial agreement. As People Magazine reported, Geffen, 82, and his husband David Armstrong, 32, are divorcing after less than two years of marriage, and the couple had no prenup in place. With Geffen’s estimated fortune of $7.7 billion, this case highlights the enormous financial and legal consequences that can come when high-net-worth couples marry without an agreement.

The case has also stirred cultural debate. The New York Times noted that the split reignited discussions about “hypergamy”—relationships between older, wealthier individuals and younger partners—underscoring the importance of financial clarity in marriages with large wealth disparities (New York Times). For Californians, the lesson is clear: prenuptial agreements are not just for celebrities, they are practical tools that can protect both partners.

What Is a Prenuptial Agreement?

A prenuptial agreement, or “prenup,” is a written contract entered into by two people before they marry. It typically sets out how property, assets, and debts will be divided if the marriage ends in divorce or death. According to the American Bar Association, prenups can also address issues such as spousal support, inheritance rights, and business ownership.

In California, prenups are governed by the Uniform Premarital Agreement Act (UPAA). To be valid, they must be in writing, signed voluntarily, and include full financial disclosure. Both parties must also have the opportunity to consult independent legal counsel.

Why Prenups Matter in California

California’s community property laws provide that, without a prenup, most property and debts acquired during marriage are presumed to be split equally in a divorce. This can include wages, real estate, retirement accounts, and even businesses started during the marriage. Spousal support may also be awarded based on income differences and the length of the marriage. Couples can override these default rules through a valid premarital agreement governed by the Uniform Premarital Agreement Act (Family Code §§ 1610–1617). In the David Geffen divorce, the absence of a prenup means California’s default rules will apply—rules that may not reflect the couple’s individual intentions.

Prenups are especially useful for:

  • High-net-worth individuals who want to protect premarital assets.

  • Second marriages, where spouses may want to preserve inheritances for children.

  • Business owners, who want to shield a company from being divided or sold.

  • Couples with financial imbalance, who want clarity about spousal support.

Common Misconceptions About Prenups

Many assume prenups are only for the wealthy or a sign of distrust, but they are really tools for clarity and fairness. They can prevent conflict by setting expectations upfront. In California, however, spousal support terms are not absolute—courts may reject them if they are unfair or signed without proper legal advice.

Conclusion

The David Geffen divorce illustrates that even billionaires face uncertainty without a prenup. For Californians, the takeaway is simple: a prenuptial agreement provides peace of mind, ensures fairness, and helps protect both partners from costly disputes. Whether you are planning to marry for the first time, entering a second marriage, or simply want to safeguard your assets, a prenup can be an invaluable planning tool.

At the Law Offices of David Knecht, we help clients draft and review prenuptial agreements tailored to your circumstances. If you are preparing for marriage and want to explore your options, call us at (707) 451-4502 to schedule a consultation.

Understanding Power of Attorney in California: A Quick Guide

When life throws unexpected challenges your way—like illness, travel, or aging—having a Power of Attorney in California in place can provide peace of mind and legal protection. If you become temporarily or permanently unable to handle your affairs, a POA ensures someone you trust is legally empowered to act on your behalf.

What Is a Power of Attorney?

A Power of Attorney is a legal document that allows one person (the “principal”) to authorize another person (the “agent” or “attorney-in-fact”) to act on their behalf. In California, POAs can be used for many purposes, including:

  • Managing bank accounts and paying bills

  • Handling real estate transactions

  • Making healthcare or end-of-life decisions

  • Filing taxes or applying for government benefits

Types of Power of Attorney in California

  • General Power of Attorney – Grants broad authority over financial and legal matters. It becomes void if the principal becomes incapacitated.

  • Durable Power of Attorney – Remains in effect even if the principal becomes incapacitated. This is commonly used for long-term planning.

  • Limited (or Special) Power of Attorney – Grants authority only for specific tasks or for a limited time.

  • Medical Power of Attorney – Also called a health care power of attorney; this is usually included in an Advance Healthcare Directive to name a trusted person to make medical decisions.

  • Springing Power of Attorney – Only goes into effect when a specific condition is met (e.g., a doctor certifies incapacity).

Why Is Power of Attorney Important?

Without a valid POA, your loved ones might have to go to court to gain conservatorship or guardianship just to manage your affairs—a time-consuming and expensive process. A well-drafted POA:

  • Gives you control over who handles your affairs

  • Prevents unnecessary delays and legal fees

  • Ensures continuity in financial or medical decision-making

How to Create a Valid Power of Attorney in California

To be legally valid, a California POA must be:

  • Signed by the principal while they are mentally competent

  • Notarized (for most financial POAs) or witnessed by two adults (for healthcare POAs)

  • Clearly state the powers granted and any limitations

  • Dated and preferably drafted in compliance with the California Probate Code

You can find California’s statutory POA form here (Probate Code Section 4401).

Choose the Right Agent

Selecting the right person to act on your behalf is crucial—your agent will have significant control over your financial, legal, or medical matters. To illustrate the importance:

  • In one case, a financial advisor was sentenced to 10 years in federal prison for stealing $2 million from elderly clients after convincing them to give her power of attorney. Read the story on ThinkAdvisor

  • In another example, a Missouri woman used her brother’s POA to divert over $157,000 in disability benefits while he was incarcerated. Read the DOJ press release

These stories highlight the need to:

  • Choose someone with integrity and responsibility

  • Understand that POA is a serious legal role—not just a convenience

  • Regularly review the arrangement and revoke powers if trust is lost

Why This Matters: The Brian Wilson Conservatorship Case

Many people assume that naming someone in a Power of Attorney is enough—but what if your agent isn’t available or passes away? The case of Brian Wilson, the Beach Boys co-founder, highlights this risk. In May 2024, Wilson—who had struggled with neurocognitive decline—ended up under a court-appointed conservatorship when no trusted successor was in place. Read more on InvestmentNews

This situation illustrates why it’s important to:

  • Name multiple agents or successors in your POA

  • Ensure agents understand and are willing to act if the need arises

  • Include clear instructions on how and when an agent’s authority begins

Let the Law Offices of David Knecht Help You Plan Ahead

At the Law Offices of David Knecht, we help clients understand Power of Attorney in California and we can create documents that achieve their unique needs. Whether you’re planning for the future or updating outdated documents, we can ensure your wishes are respected.

Contact us today at (707) 451-4502 to protect your future with the right legal tools in place.

Smart Trust Strategies for High Net Worth Families

Estate planning isn’t a one-size-fits-all process. A recent Kiplinger article outlines smart trust strategies for high net worth families that should be considered—especially when looking to maximize asset protection and tax benefits at once. By tying together core strategies like bypass trusts, SLATs, and tailored estate vehicles, you can create a plan that supports both your family’s current needs and long-term legacy goals.

Here are key takeaways adapted for California residents.

Bypass Trusts Help Preserve the Estate Tax Exemption

A bypass trust—also called a credit shelter trust—is one of the most effective ways to use both spouses’ federal estate tax exemptions. It allows the first spouse’s exemption to pass in trust while avoiding estate tax when the second spouse dies. Even though California has no state estate tax, federal thresholds matter for high-net-worth couples. This strategy can reduce the total estate tax burden while also keeping assets protected and outside probate.

SLATs Offer Flexibility and Protection

A Spousal Lifetime Access Trust (SLAT) is a type of irrevocable trust that allows one spouse to gift assets for the other spouse’s benefit while reducing the size of the taxable estate. SLATs are useful for high-asset couples and can provide creditor protection, too. They allow some indirect benefit from gifted assets without leaving them exposed to estate taxes or lawsuits. Charles Schwab explains how SLATs work here.

Avoid the Common Mistake: Unfunded Trusts

Kiplinger emphasizes a major pitfall—setting up a trust but never funding it. In California, your home, bank accounts, and brokerage assets must actually be titled in the trust or designated through a beneficiary form. Otherwise, they may still go through probate, defeating your goal. A solid estate plan includes both the right documents and the right follow-through.

Update Your Plan as the Laws and Your Life Change

Tax thresholds and laws are always shifting. Families grow, assets change, and needs evolve. That’s why it’s critical to regularly review your estate plan—especially after major life events like marriage, divorce, the birth of a child, or retirement. Advanced strategies like bypass trusts and SLATs need periodic updates to remain effective and relevant.

Work With a Firm That Knows the Landscape

At the Law Offices of David Knecht, we help families implement the best estate planning strategies for their situation– whether that trust strategies for high net worth families or more basic estate planning tools for clients in all income categories. We’ll guide you through trust selection, drafting, and funding, ensuring every document works for your goals.

Contact us today at (707) 451-4502 to protect your legacy and gain peace of mind.

Legal Issues for Couples Ending a Short Marriage

Celebrity divorces often grab headlines, but they can also highlight real legal principles that affect everyday people. The recently finalized divorce of HGTV star Christina Haack and her ex-husband Josh Hall is a case in point. Their split illustrates how California courts handle property, spousal support, and personal property when a couple is ending a short marriage, and it offers important lessons for California residents navigating similar situations.

According to People, Hall declared himself a “free man” on social media after the court’s ruling, posting what some described as a “scathing message.” Shortly after, MSN reported that Haack posted a cryptic warning of her own, suggesting that “multiple people” wanted to “play.” While the headlines focused on drama, the legal settlement tells us far more about how California divorce law operates.

Who Got What in the Haack-Hall Divorce

  • Christina Haack kept her homes – including her Newport Beach property and a Tennessee farmhouse. In California, property acquired before marriage or with separate funds is typically separate property, but community property acquired during the marriage is divided. Careful tracing of funds is often critical.

  • Josh Hall retained his business and vehicles – including his real estate media company, a Bentley, a DeLorean, and a motorcycle. California allows spouses to keep businesses they owned before marriage, but if the business increased in value during the marriage, that increase may be partly community property.

  • No spousal support was awarded – because this was a short marriage, neither party received ongoing support. The California Courts Self-Help Center explains that for marriages under 10 years, support is generally limited to about half the length of the marriage. By contrast, marriages of 10 years or more are considered “long duration,” and courts may retain jurisdiction indefinitely. The legal framework comes from Family Code § 4320 (factors for support) and § 4336 (10-year threshold for long-duration marriages).

  • Custody was not an issue – the couple had no children together, eliminating one of the most contested aspects of many divorces.

  • Vehicles and recreational items — were part of the settlement. According to E! News, Hall kept a 2021 Bentley, a 1970 Chevelle, and a 1982 DeLorean, while Haack retained a 2022 Bentley Continental GTC V8, two 2021 GMC Yukons (one for California and one for Tennessee), and quads that were gifts for her children.

  • Pets – Although Josh Hall reportedly had a dog, there were no media reports that the pet was in dispute in the divorce. California law now allows courts to consider the well-being of pets, rather than treating them as simple property, so they can become part of meaningful negotiations.

Lessons for California Couples

The Haack-Hall divorce highlights some core lessons that apply to anyone ending a marriage in California:

  • Document property ownership. If you want to preserve assets as separate property, clear documentation is essential.

  • Expect businesses to be scrutinized. Even if you started a business before marriage, its increased value during the marriage may be subject to division.

  • Understand spousal support rules. In a short marriage, ongoing support is not guaranteed and is usually limited in duration. Courts weigh many factors under Family Code § 4320, but length of marriage is a key consideration.

Final Thoughts

Christina Haack and Josh Hall’s divorce may have been splashed across social media, but the underlying settlement reflects principles that apply to every Californian facing divorce. For couples ending a short marriage, property division and spousal support are often simpler and more limited than in long-term marriages, though disputes can still be significant.

The Law Offices of David Knecht can help you protect your rights and make informed decisions about property, businesses, or support during divorce. Call us today at (707) 451-4502 to schedule a consultation.

What If You Want to Move After Your Divorce with Children Is Final?

After a divorce is finalized, life continues to change. You may get a new job, want to be closer to family, or simply feel the need for a fresh start. But if you have children and share custody in California, deciding to move after divorce isn’t as simple as packing boxes and hitting the road. California courts take relocation seriously and understanding the rules around a move after divorce can help you avoid legal setbacks.

Can You Move with Your Child After Divorce?

  • The distance of the proposed move can affect how the court evaluates your request. A move within the same city is likely to be treated differently than a move across the state or out of state.

  •  There is no specific mileage rule under California law that automatically triggers court involvement. However, many custody orders or stipulated divorce agreements include a clause that restricts moves beyond a certain distance—often something like 50 or 150 miles—without court permission or mutual consent. Regardless of distance, what matters most is whether the move significantly affects the current custody arrangement and the child’s ongoing relationship with the other parent.

  • If you have sole physical custody, you may have the right to relocate with the child beyond the limits in a custody order or stipulated agreement, but your ex can object, and the court may review the move.
  • If you share joint physical custody, you usually must either get the other parent’s consent or file a request with the court to modify the custody order before moving beyond the distance in the custody order.

California Family Code § 3020 sets the legal framework for modifying custody orders and requires courts to examine the full picture—including stability, schooling, and relationships.

What the Court Considers in Move-Away Cases

When one parent wants to move with a child and the other objects, the court holds a hearing to evaluate whether the move is in the child’s best interest. Factors include:

  • The reason for the move (job, support system, remarriage, etc.)
  • The impact on the child’s relationship with the non-moving parent
  • Educational, emotional, and social stability for the child
  • How well the parents communicate and co-parent
  • Whether the parenting plan can be modified to maintain relationships

The California Supreme Court in In re Marriage of LaMusga, 32 Cal.4th 1072 (2004), emphasized that a court must consider a wide range of factors to determine whether a move-away is in the best interest of the child. These include the child’s need for stability, the reason for the move, the relationships between the child and both parents, and whether the relocating parent is likely to support ongoing contact with the other parent. The court does not presume that a custodial parent has an automatic right to move if the relocation would significantly harm the child’s relationship with the non-custodial parent.

Each case is highly fact-specific, and there is no one-size-fits-all answer. Courts focus on minimizing disruption while protecting parental rights. For more, see the California Courts Move-Away Orders guide.

How to Request a Move with Your Child

  • Start with your parenting plan: Many California custody orders include move-away clauses or procedures for notice.
  • Give written notice: Courts typically expect at least 45 days’ written notice before a proposed move, as per California law. See California Family Code § 3020.
  • File a Request for Order: If the other parent objects or you share joint custody, file a formal motion with the court to request permission to relocate. Use the FL-303 Request for Order form.
  • Prepare to show it’s in your child’s best interest: Bring evidence about schools, housing, job stability, extended family, and continuity of care.

What Happens If You Move Without Permission?

Trying to move after divorce without court approval can seriously backfire. The other parent can file for contempt or emergency custody orders. Courts may even order the child returned or modify custody in favor of the non-moving parent. Always follow the legal process first.

Tips for Parents Navigating Relocation

  • Talk to a family law attorney early
  • Stay child-focused in your reasoning and presentation
  • Be proactive with notice and communication
  • Document your efforts to include the other parent in planning
  • Avoid unilateral decisions that look like bad faith

Need Help with a Move-Away Case?

Whether you’re hoping to move or trying to stop a relocation, the attorneys at the Law Offices of David Knecht can guide you through California’s family law system. Call us at (707) 451-4502 to schedule a consultation and protect your parenting rights.