Why Life Insurance Estate Planning Matters for California Families

When people think about estate planning, they often focus on wills and trusts. But life insurance estate planning can play a powerful supporting role—especially when your goal is to protect loved ones and provide long-term financial security. At the Law Offices of David Knecht, we help California families create estate plans that reflect their unique goals, and life insurance is an option to consider in that process. Estate planning is not a one size fits all, which is why individualized help from an experienced attorney is important. 

  • Provides a tax-free cash benefit
    One of the biggest advantages of life insurance is that the death benefit is typically not taxable income to your beneficiaries. This means your loved ones can receive the full payout without worrying about income tax. According to the IRS, life insurance proceeds paid by reason of the insured person’s death are generally not taxable.

  • Helps equalize inheritances
    If you plan to leave a specific asset—like a family business or real estate—to one child, you can use life insurance to balance things out for your other heirs. This strategy helps avoid conflict and ensures fairness, especially when dividing assets of unequal value.

  • Funds a trust for your children
    Life insurance can be directed into a trust that provides long-term support for children or dependents with special needs. You can control how and when the money is distributed, helping you protect your loved ones’ futures. MarketWatch explains how a life insurance trust for children can provide peace of mind and control in their article, “Should You Get a Life Insurance Trust for Your Kids?”.

  • Covers estate taxes
    While most California estates aren’t subject to state-level estate tax, larger estates may face federal estate taxes. A life insurance policy can help your heirs cover those costs without needing to sell property or liquidate other investments.

  • Protects families—not just the wealthy
    Even if you don’t have a multimillion-dollar estate, life insurance can still be crucial. If you have anyone who relies on your income or care—such as a spouse, minor children, or aging parents—life insurance offers critical financial protection.

  • Can be placed in a life insurance trust (ILIT)
    An irrevocable life insurance trust (ILIT) removes the policy from your taxable estate and gives you more control over how proceeds are used. This can be especially helpful in high-net-worth estates or when you want to manage payouts over time. For more detail, see:

Life insurance estate planning gives you flexibility, protection, and peace of mind—whether you’re balancing inheritances, managing taxes, or providing for children.

Need Help? Contact the Law Offices of David Knecht
If you’re ready to create or update your estate plan, we can help you evaluate whether life insurance is a smart addition to your overall plan. Call us at (707) 451-4502 or visit www.davidknechtlaw.com to schedule a consultation.

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

5 Common Mistakes to Avoid When Creating a Living Trust

Gene Hackman, the legendary actor, took a smart step by creating a revocable living trust in 1995 and amending it in 2005. But even with a well-prepared estate plan, his experience shows how easy it is to overlook a critical detail: naming enough successor trustees. His first two choices — his wife and his attorney — had both passed away before him, leaving only the third-named trustee to administer the trust. Coverage of Hackman’s estate planning error and a legal analysis discussing how a survivorship clause and trustee-succession provisions affected administration outcomes in Hackman’s estate highlight how even thoughtful planning can produce unintended complications if key provisions are not reviewed and updated over time. This article will discuss the mistake he made as well as other common mistakes to avoid when creating a living trust.

1. Failing to fund the trust

A living trust is only effective if your assets are transferred into it. Real estate, bank accounts, investments, and business interests must be re-titled in the name of the trust. Any property left out of the trust may still have to go through probate—defeating a main benefit of having the trust. As you acquire new assets, be sure to update the trust accordingly. LegalZoom highlights failure to fund the trust as one of the most common and costly mistakes in estate planning.

Do you have to sell real estate to put it into a trust?
No, you don’t need to sell your home or other real estate to transfer it into a trust. Instead, you change the title of the property from your name to your name as trustee of the trust. This is done by signing and recording a new deed (usually a grant deed or quitclaim deed). The deed must be notarized and filed with the county recorder where the property is located. You still own the property—it’s just held in your capacity as trustee.

In California, this transfer does not trigger a property tax reassessment thanks to Proposition 13 and Revenue and Taxation Code § 62(d). In Solano County, you can find more information or record your deed through the Assessor/Recorder’s Office.

2. Not naming enough (or the right) successor trustees

The successor trustee manages the trust if you become incapacitated or after your death. In Hackman’s case, both his wife and attorney—his first and second choices—had passed away, creating a potential gap in trust administration. Always name multiple alternate trustees, and keep those choices updated. Consider naming a professional fiduciary or trust company if no personal option is a good fit.

3. Overlooking the need to update the trust

Life changes—your trust should too. Events like marriage, divorce, the birth of a child or grandchild, or the death of a beneficiary should prompt a review. Even if nothing changes in your family, laws can change, and your documents should keep up. Review your trust every 2–3 years or after any major life event.

4. Not coordinating the trust with other estate documents

A living trust should work in harmony with your will, powers of attorney, healthcare directives, and beneficiary designations. A pour-over will is still necessary to catch any assets not placed in the trust. Beneficiary designations on retirement accounts and life insurance policies should reflect your overall estate planning goals. Conflicts between documents can cause delays or even legal disputes.

5. Assuming a trust avoids all taxes or offers complete asset protection

A living trust helps avoid probate and allows you to manage assets during incapacity, but it does not protect your assets from creditors while you’re alive. It also won’t shield your estate from federal estate taxes if your estate exceeds the current exemption limit. If your estate is large or includes complex assets, you may need additional planning—like irrevocable trusts or charitable giving strategies—to achieve your tax and asset protection goals. Charles Schwab explains common misconceptions about the limitations of living trusts.

Why details matter more than you think

Gene Hackman’s estate plan was generally solid—but his situation shows how easy it is to miss an important detail, like updating trustee appointments. A living trust can save your loved ones time, money, and stress—but only if it’s done right. Avoiding these five common mistakes can help ensure that your plan does what it was designed to do. If you’re thinking about creating or reviewing a living trust, the Law Offices of David Knecht can help. We have extensive experience in estate planning.  Call us today at (707) 451-4502 to schedule a consultation and protect your legacy.

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

Is There A California Estate Tax?

Many Californians ask: Is there a California estate tax? The short answer is no. California does not impose a state-level estate or inheritance tax. Most residents—regardless of how much they own—will never pay estate tax to the state of California. However, that doesn’t mean estate planning isn’t important. In fact, taxes are just one part of the bigger picture.

California has no estate or inheritance tax

  • The California State Controller’s Office confirms that for deaths on or after January 1, 2005, there is no California estate tax return required.

  • There is also no inheritance tax in California, which means heirs do not owe state taxes on what they receive from an estate.

Federal estate tax still applies—but only to the ultra-wealthy

  • As of 2024, the federal estate tax exemption is $13.61 million per person, or $27.22 million per married couple—meaning that only the largest estates are taxed.  Note: The federal exemption is scheduled to drop roughly in half on January 1, 2026 unless Congress acts, which may affect higher-net-worth families.

  • For a broader look at planning strategies—including trusts, gifting, and preparing for future changes in tax law—City National Bank offers a helpful overview.

Solano County: What Local Families Should Know

Families in Fairfield, Vacaville, and other Solano County cities may not face estate taxes, but they still have to deal with local court procedures if no plan is in place.

  • The Solano County Superior Court Probate Division handles matters related to wills, trusts, conservatorships, and guardianships.

  • If your estate must go through probate, expect a public, formal court process that can take many months and involve court fees and statutory executor fees.

  • A revocable living trust is one of the most effective ways to avoid probate in Solano County.

  • The court also handles small estate affidavits and spousal property petitions, which may simplify things for smaller estates.

Why do estate planning if there’s no estate tax?

Even if your estate won’t owe federal or state estate tax, here’s why planning is still essential:

  • Avoiding probate: Probate is public, time-consuming, and often expensive. A trust can allow your assets to transfer privately and efficiently.

  • Naming guardians for minor children: A will ensures you—not a judge—choose who raises your children if something happens to you.

  • Control over distributions: You may want your beneficiaries to receive assets at certain ages, or with protections in place for special needs or addiction issues.

  • Medical and financial decisions: Estate planning includes powers of attorney and health care directives in case of incapacity—not just after death.

  • Preventing family conflict: Clear instructions and proper legal documents help avoid confusion and reduce the risk of disputes.

What other taxes might apply?

Even without estate tax, other taxes can still affect your estate or your beneficiaries:

  • Capital gains tax: Assets get a “step-up in basis” at death, but gifting assets before death can eliminate that benefit and result in higher taxes for the recipient.

  • Income tax on inherited retirement accounts: Beneficiaries of IRAs or 401(k)s now often must withdraw the funds within 10 years, creating taxable income.

  • Property taxes: Inheriting real estate in California may trigger reassessment unless certain exclusions apply (like the parent-child exemption).

  • Gift tax rules: Large gifts made during life may require IRS reporting and count against your lifetime exemption, even if no tax is due at the time.

Who needs estate planning?

Even though “no” is the answer to the question, “Is there a California Estate Tax,” there are still important reasons for estate planning. A plan is not just for the wealthy, and here are a few common situations where planning makes a big difference:

  • Young parents need to name guardians and ensure life insurance or other funds are managed wisely for their children.

  • Homeowners want to avoid probate delays and fees when passing their property on to loved ones.

  • Blended families often need to coordinate inheritances carefully to avoid conflict or accidental disinheritance.

  • Retirees may want to plan for incapacity, manage taxes on retirement funds, and protect surviving spouses.

  • Business owners need to prepare for succession or sale of the business in the event of death or disability.

Contact an Experienced Estate Planning Law Firm

While California has no estate tax—and federal estate tax impacts only a small percentage of families—estate planning is still crucial. A well-crafted plan protects your loved ones, avoids probate, reduces taxes, and ensures your intentions are carried out smoothly. For clients in Vacaville, Fairfield, and throughout Solano County, the Law Offices of David Knecht offer experienced guidance and peace of mind. Contact us at (707) 451-4502.

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

What does a Trust Administration Attorney Do in California?

If you’ve been named a trustee in California, you may be wondering what your responsibilities are—and whether you need help managing them. Trust administration can be a complex process, especially when there are legal, tax, or family issues involved. That’s where a trust administration attorney comes in.

This article explains what a trust administration attorney does, why their role matters, and how the Law Offices of David Knecht can guide you through the process with confidence and care.

Understanding Trust Administration

When someone creates a revocable living trust, they typically serve as their own trustee during their lifetime. But when they pass away—or become incapacitated—a successor trustee takes over and the trust becomes irrevocable. At that point, trust administration begins.

This is the legal and financial process of carrying out the terms of the trust, including managing and distributing trust assets. In California, trust administration must comply with specific requirements under the Probate Code, even though it usually avoids probate court.

If you’re looking to change a trust during someone’s lifetime, that falls under trust modification, not administration.

What Does a Trust Administration Attorney Help With?
A trust administration attorney helps trustees follow the law, fulfill their fiduciary duties, and avoid costly mistakes. Here are some of the ways they assist:

  • Explaining the trustee’s legal responsibilities
    Trustees are fiduciaries, which means they must act in the best interest of the beneficiaries. A lawyer helps explain what this means in practical terms.

  • Preparing and sending legal notices
    California law requires trustees to notify beneficiaries and heirs when a trust becomes irrevocable (Probate Code § 16061.7). An attorney can draft and send these notices properly and on time.

  • Reviewing and interpreting the trust document
    Trusts can be complicated. A trust administration lawyer helps interpret unclear language and resolves questions about how assets should be distributed.

  • Handling creditor claims and debts
    Before distributing assets, the trustee must deal with debts, taxes, and any valid claims against the estate. A lawyer can help evaluate and handle these claims lawfully.

  • Assisting with asset management and transfers
    The attorney helps identify trust assets, appraise property, manage real estate, and prepare documents needed to transfer assets to beneficiaries.

  • Preparing trust accountings
    Trustees are often required to provide beneficiaries with an accounting. A lawyer can help prepare or review these accountings for accuracy and legal compliance.

  • Managing disputes or litigation
    If beneficiaries disagree or legal challenges arise, a trust attorney can represent the trustee and help resolve the conflict—sometimes avoiding full litigation.

Trust Directors and California’s Uniform Directed Trust Act
Under California’s Uniform Directed Trust Act (Probate Code §§ 16600–16632), which became effective in 2022, a trust can formally appoint an advisor as a “trust director.” This person—such as a lawyer, CPA, or investment advisor—can be granted authority over specific aspects of the trust, like managing assets or approving distributions.

Trustees who act on the directions of a trust director are generally not liable for those decisions, which can reduce personal risk and allow more tailored, expert-driven trust administration.

For more on how trust documents can delegate control to advisors, see this article by Dennis Fordham on Lake County News.

Do You Always Need a Trust Attorney?
Not necessarily—but in most cases, yes. Even if the trust appears simple, the legal and tax obligations can be complex. A trust administration attorney is especially helpful when:

  • The trust holds significant or complex assets (like real estate or business interests)

  • There are multiple or contentious beneficiaries

  • The trust language is unclear or outdated

  • You’re concerned about liability or accusations of wrongdoing

  • There are unpaid debts, tax issues, or creditor claims

  • A co-trustee or former trustee is involved

Even experienced professionals seek legal help when serving as trustee—because the consequences of a mistake can be serious.

Trustee Mistakes Can Be Costly
Failing to follow trust terms, mismanaging assets, or distributing funds too early can lead to lawsuits or personal liability for the trustee. A trust attorney helps protect you by:

  • Keeping you compliant with California law

  • Making sure taxes and debts are properly handled

  • Helping you avoid missteps that could lead to delays, disputes, or court involvement

Think of it as insurance for one of the most important legal roles you may ever have.

How the Law Offices of David Knecht Can Help
At the Law Offices of David Knecht, we bring professionalism, clarity, and compassion to every trust administration case. Whether you’re serving as trustee for the first time or have questions about a trust you’re involved in, we’re here to help. Being a trustee is an honor—but it’s also a legal obligation. You don’t have to do it alone. A trust administration attorney can help you manage the process smoothly, protect your interests, and ensure the trustor’s wishes are honored. If you’ve been named trustee and need experiences guidance, contact the Law Offices of David Knecht today at (707) 451-4502 to schedule a consultation.

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

How to Talk to Your Family About Your Estate Plan in California

Jimmy Buffett’s easygoing lifestyle and tropical tunes gave fans the impression of a laid-back, carefree life. But after his death in 2023, a different story unfolded behind the scenes—one of conflict, confusion, and costly litigation. Despite having trusts, wills, and professional advisors, Buffett’s family was not shielded from a painful estate dispute. This article uses his story to explore how to talk to your family about your estate plan in California—why those conversations matter, what can go wrong without them, and how open communication can prevent similar conflicts.

How to Talk to Your Family About Your Estate Plan in California: Lessons from Jimmy Buffett

As The Washington Post reports, Buffett’s estimated $274 million estate included multiple properties, music rights, and a complex trust structure. Despite this planning, his wife, Jane Buffett, and co-trustee Richard Mozenter reportedly clashed over details of the trust’s administration. “Despite planning and having the right estate planning structures in place, it seems Buffett’s wife, Jane Buffett, and Richard Mozenter, co-trustee of the estate, did not see eye to eye on details of the trust, leading to bad blood and a lengthy litigation process between the two,” says estate attorney Sexton.

He adds: “While we don’t know whether Buffett attempted to mitigate these issues before his passing, the key takeaway is that it’s essential to communicate the details of your trust to your loved ones and ensure they’re aware of any co-trustees and their roles in advance.”

Buffett’s experience illustrates why it’s so important to talk to your family about your estate plan early— where family communication can prevent the same kind of conflict his estate faced.

Why Communication Matters in Estate Planning

According to MarketWatch, the number one reason estate plans lead to disputes is lack of communication. A trust or will that seems clear to you may feel confusing or unfair to your loved ones—especially if your choices come as a surprise.

Common sources of conflict include:

  • Unequal gifts to children or stepchildren

  • Naming a stepparent or sibling as trustee or executor

  • Omitting certain family members without explanation

  • Surprising designations in retirement or insurance accounts

Talking about these decisions now gives your family the chance to understand your values, ask questions, and prepare emotionally—rather than reacting in grief, suspicion, or court.

How to Start the Conversation

You don’t have to lay out every dollar or hold a formal meeting. But here are a few ways to make the process easier:

  • Choose a quiet, neutral time—outside of holidays or high-stress moments

  • Be honest about your priorities: protecting peace, avoiding probate, preserving fairness

  • Explain your reasoning without judgment or apology

  • Clarify roles like trustee, executor, or power of attorney

  • Offer space for questions, and take notes if needed

  • Consider inviting your estate attorney to a family meeting to answer legal questions objectively

What to Share (and What to Keep Private)

You don’t have to reveal everything, but your family should know:

  • Who is in charge of your affairs

  • How your major assets will be distributed

  • Why you’ve made certain choices (especially if unequal)

  • Where to find your legal documents

Build a Plan—and Talk About It

At the Law Offices of David Knecht, we believe estate planning is about more than paperwork: it’s about clarity, relationships, and protecting your family from unnecessary stress. Our goal is to help you create a plan that not only works legally but also fosters understanding among your loved ones. If you’re ready to learn how to talk to your family about your estate plan in California, our experienced team can guide you through the process with both legal insight and human understanding.

Call us at (707) 451-4502 to create an estate plan that works—and to get the support you need to talk to your family about your estate plan with confidence and clarity.

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

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.

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

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.

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

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.

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

Estate Planning for Uncertain Times

This article summarizes insights from Kiplinger’s “Eight Ways to Financially Plan Your Way Through Challenging Times” and shows how these strategies support estate planning for uncertain times. Whether you’re concerned about market swings, upcoming changes to the tax code, or simply protecting your legacy, these tips can help you act with clarity and purpose.

The economic landscape in 2025 is anything but predictable. Tax laws are in flux, investment markets are volatile, and inflation remains a concern. The good news? With the right planning, you can turn instability into opportunity—especially when it comes to preserving and transferring wealth.

Gift depreciated assets to shrink taxable estate

One smart move during uncertain markets is to gift or donate assets that have temporarily lost value. As Kiplinger points out, this can allow appreciation to happen outside your estate and maximize use of your gift tax exemption. This article on the 2025 gift tax exclusion explains how you can give up to $19,000 per person this year without tapping your lifetime exemption. Larger gifts can also be placed into trusts for added control and protection.

Lock in today’s estate and gift tax exemption

The federal exemption is still historically high—$13.99 million per person in 2025—but it’s expected to shrink dramatically in 2026. That’s why it’s smart to act now. Forbes’ 2025 estate planning strategies emphasize the urgency of using irrevocable trusts and discounted asset transfers before the exemption drops.

Use Roth conversions and trusts while valuations are low

Market downturns present excellent opportunities to shift future growth out of your estate. Roth conversions of traditional IRAs—when account values are temporarily lower—can set your heirs up with tax-free income. Trusts like GRATs and charitable remainder trusts can also freeze low values for estate tax purposes. This guide to estate tax exemptions in 2025 highlights why acting in a low-valuation environment makes financial and estate planning sense.

Why estate planning for uncertain times requires flexibility

Unpredictable markets and tax law changes reveal just how important flexibility is in your estate plan. You may need to:

  • Reallocate assets or update valuations

  • Revisit trust provisions and gifting strategies

  • Protect heirs from reassessment or tax liability

  • Ensure your plan still meets your financial and legacy goals

In short, estate planning for uncertain times means building a structure that can pivot as needed—without triggering unintended taxes or delays.

In summary

Kiplinger’s timely financial advice—paired with strategic estate planning—can help you turn economic uncertainty into long-term security. Gifting undervalued assets, locking in high exemptions, and converting to Roth IRAs are just a few tools you can use in 2025.

The Law Offices of David Knecht can help you implement these strategies in a customized estate plan. Whether you’re planning for growth, protection, or transfer, we’re here to guide you through every twist and turn of the financial landscape. Contact us today at (707) 451-4502.

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

Why 2025 May Be the Right Year to Update Your Estate Plan in California

If you haven’t looked at your estate plan in a few years—or haven’t created one at all—2025 may be the perfect time to update your estate plan in California. From changes in real estate ownership and family dynamics to the growing importance of digital assets, there are many reasons to revisit your will, trust, and other legal documents this year. Making thoughtful updates now can reduce confusion later, protect your assets, and give your loved ones peace of mind. Here’s why it matters in 2025.

Why California Real Estate Deserves a Second Look in 2025

A properly prepared estate plan is typically designed to withstand fluctuations in real estate values. However, changes in how your property is owned or managed can still impact your planning. You may need to update your estate documents if you’ve:

  • Bought or sold a home or rental property

  • Refinanced or changed the property title

  • Converted a residence into a rental or vice versa

  • Forgotten to move your property into your trust

In 2025, market shifts are still a real factor. Recent reports suggest California home prices have stabilized in some regions after last year’s declines, while others remain uncertain. According to Norada Real Estate, California home prices have begun to decline in key regions, raising questions about long-term property values. If your estate plan includes strategies based on past valuations—or if you’re considering generational transfers, gifts, or sales of property—now is a good time to make sure those assumptions still hold.

Don’t Overlook Digital Assets

Today, many people store wealth, memories, and essential information online. If your estate plan doesn’t mention digital assets, you may be leaving your executor without the tools to handle:

  • Email and social media accounts

  • Banking and investment portals

  • Cloud photo or document storage

  • Cryptocurrency wallets and exchanges

  • Subscription or online business accounts

California has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows you to give legal authority to a trustee or executor to access digital information. But this authority must be specifically granted in your trust, will, or power of attorney.

Major Life Changes that Should Trigger and Update

Your estate plan should reflect your current life—not your past. It’s time to update your estate plan in California if any of the following apply:

  • You’ve gotten married, divorced, or remarried

  • You’ve had children or grandchildren

  • A beneficiary has passed away or become estranged

  • Your financial or health situation has changed

  • You’ve moved to or from California

  • You now care for a disabled or elderly family member

Updating your documents ensures your assets go where you intend and that the people you trust are in charge of decisions if something happens to you.

Future-Proofing Your Plan

An estate plan isn’t a one-time task—it’s a living set of instructions that should evolve with your circumstances. And with federal estate tax exemptions scheduled to change in 2026, 2025 is an especially important year to confirm your plan accounts for potential tax law changes. By updating your plan now, you can:

  • Avoid legal confusion or probate delays

  • Remove outdated beneficiaries or fiduciaries

  • Reflect current wishes and relationships

  • Protect your family from costly disputes

Work With Experienced Counsel

When it comes to estate planning, experience matters. A knowledgeable legal team can guide you through trust funding, digital asset clauses, California probate avoidance strategies, and tax-smart strategies the first time—efficiently and effectively. At the Law Offices of David Knecht, we bring decades of California estate planning experience to every client we serve.

Ready to Update Your Estate Plan in California?

Let 2025 be the year you take control of your legacy. Whether you’re updating a plan from years ago or starting from scratch, we’re here to help.

Contact the Law Offices of David Knecht at (707) 451-4502 to schedule a personalized consultation.

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