Protecting Your Legacy, Guiding Your Future
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What is estate planning?Estate planning is the process of meeting with an attorney who creates legal documents that clearly communicate and document your end-of-life wishes, including what happens if you become incapacitated and are unable to make medical or financial decisions for yourself. Estate planning is a good idea for every adult, not only the wealthy or elderly. Though not all estate plans are the same, the most common documents are: Will: Identify who will receive your assets (your beneficiaries), select guardians for your minor children, and name an executor to ensure your final wishes are carried out. Revocable Trust: Transfer your assets to your designated beneficiaries when you die while avoiding the probate process. You can change or cancel a revocable trust during your lifetime, and you can put assets into or take assets out of the name of the trust at any time. Advanced Health Care Directive: Select a person or persons (“agent”) to make health care and medical treatment decisions for you if you become incapacitated and cannot make decisions for yourself. You can also specify the type of medical treatment you want under specific circumstances (ex. artificial life support, organ donation, tube feeding). Financial Power of Attorney: Select a person or persons (“agent”) to manage your financial or legal affairs. It not only gives the agent power over your finances, but can also include specific directions on how you would want your finances to be handled.
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What is an estate?An estate is any property or assets you own at the time of your death, including: real property (ex. homes, vacant land) personal property (ex. cars, jewelry, art) bank accounts securities (ex. stocks, bonds) life insurance policies retirement plans business interests
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How does estate planning help me? (Why is it important to safeguard my family’s future)A well-designed plan protects you and your family during your incapacity and after your death,and can achieve the following: Name someone to administer your estate after you die Identify who you wish to receive your assets after you die Appoint a guardian to care for any minor children Avoid the lengthy and costly probate process Identify someone to make financial or medical decisions for you in the event that an illness or injury results in your incapacity Direct any type of life-prolonging medical care Express funeral and other end-of-life wishes, and how related expenses should be paid Minimize any applicable taxes
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What is probate?Probate is the court-supervised process of authenticating a decedent’s will if there is one; collecting the decedent’s assets; notifying interested parties; paying the decedent’s bills, taxes, and any creditors; and then distributing what is left to the decedent’s heirs or beneficiaries. A person, usually a family member of the decedent, files a petition with the probate court to be granted the legal authority to manage the administration of the decedent’s estate. Assuming they qualify and there is no contest, that person is appointed either as an executor or personal representative, depending on whether the decedent left a will.
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How long does probate take and how much does it cost?Each state in the United States has slightly different probate rules and procedures, though the probate process in every state is time consuming and costly. In California, probate typically takes at least one year, and could take several years depending on the circumstances. Some factors that affect timing are whether family members agree, how many assets the decedent left, whether the will is contested, whether there are creditors, how difficult it is to find beneficiaries or heirs, and whether the executor or personal representative is attentive to his or her responsibilities. In addition to court filing fees, the executor or personal representative typically hires a probate attorney to advise them throughout the process. In California, probate attorneys charge a fee that is a percentage of the value of the decedent’s assets that go through probate. Those percentages are set by state law. In California, those percentages currently are: 4% of the first $100,000 of the gross value of the probate estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and so on.
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Does every estate go through probate?No, not every estate goes through probate. Probate may not be necessary if a decedent left a small estate. For example, in California, if the gross value of the decedent’s total estate (real and personal property) in California is $184,000 or less, the successor(s) of the decedent may not have to go to court. California permits a small estate affidavit as a way for a decedent’s successor(s) to claim assets instead of going through probate. If the decedent left real property, even if worth $184,500 or less, the estate may need to go through a simplified probate process to legally transfer title. In addition to small estates, if the decedent created a valid trust and placed his or her assets into that trust, those assets will avoid probate. When a person (the “Settlor”) creates a trust, the assets are owned by the trustee, so upon the death of the Settlor, the trustee transfers the Settlor’s assets directly to the Settlor’s beneficiaries.
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Who should I name as my Executor or Trustee?People typically name a close family member or friend to serve as their executor or trustee. You should select a person who you feel comfortable will respect your wishes and carefully manage your estate. If possible, you also should pick a person who lives close to you. It is more difficult to serve as executor or trustee if you have to travel to fulfill your responsibilities. If you do not have someone in your life that you trust to serve in this important role, you should consider naming a professional fiduciary. Professional fiduciaries offer estate management services among other services. California requires that professional fiduciaries are licensed and complete ongoing education requirements.
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How long does it take to get estate planning done?The time it takes to complete estate planning varies depending on the complexity of your situation and how quickly you make decisions. Generally the process can take anywhere from a few weeks to a few months. Here is a rough timeline: Initial Consultation (1-2 weeks): This involves meeting to discuss your goals, assets, and family situation. Drafting Documents (1-2 weeks): I draft the documents according to your wishes. Review and Revisions (1-2 weeks): You review the documents and I answer any questions and make any necessary revisions. Finalizing and Signing (1-2 weeks): Once the documents are finalized, you sign them in the presence of witnesses and a notary.
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What documents are needed from me to begin an estate plan?I will provide you with a questionnaire to begin the process. The questionnaire will ask for basic personal information (name, date of birth, address) and family information; information about assets (real estate, bank accounts, retirement accounts, life insurance); beneficiary information; guardian appointment, and who you would like to serve as your successor trustee/executor and agent for finance and healthcare.
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What is a Pour-Over Will?A pour-over will is a specific type of will used in conjunction with a living trust. It serves as a safety net to ensure that any assets not transferred into the trust during the grantor’s lifetime are “poured over” into the trust upon the grantor’s death.
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Who should have an estate plan?Here are key groups of people who should consider an estate plan: 1. Parents with Minor Children. To designate guardians and ensure their children are cared for by chosen individuals. 2. Homeowners. To specify how real estate should be managed or transferred. 3. Individuals with Significant Assets. To minimize estate taxes and ensure assets are distributed according to their wishes. 4. Business Owners. To ensure succession plans and business continuity. 5. Individuals with Dependents. To provide for dependents who may have special needs or rely on financial support. 6. Married Couples. To protect their spouse and clearly define the distribution of shared and individual assets. 7. Single Individuals. To specify beneficiaries and make decision about their health care and finances in case of incapacity. 8. People with Specific Bequests. To ensure personal belongings or assets are given to specific individuals or charities. 9. Elderly Individuals. To plan for long-term care, medical decisions, and the distribution of their estate. 10. People with Health Issues. To select an agent to make health care and medical treatment decisions for you. 11. Anyone Wanting to Avoid Probate: To facilitate a smooth and private transfer of assets, avoiding the time-consuming, expensive and public probate process.
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How often should I update my estate plan?Updating an estate plan is an important aspect of ensuring that your wishes are accurately reflected and legally sound. Here are some key times when you should consider updating your estate plan: 1. Major Life Events: – Marriage or Divorce: Update your estate plan to reflect changes in marital status. – Birth or Adoption of a Child: Ensure your new child is included in your estate plan. – Death of a Beneficiary or Executor: Update to reflect the change. – Significant Changes in Financial Situation: If you receive a large inheritance, win the lottery, or experience a significant increase or decrease in assets. – Health Changes: A diagnosis of a serious illness or disability for yourself or a family member. – Buy or Sell Real Property. Update to reflect the change. – Move. Update to reflect the change. 2. Changes in Law: – Tax laws can change, potentially affecting your estate plan. Review your plan with an attorney periodically to ensure compliance with current laws. 3. Periodic Reviews: – Every 3-5 Years: Even if there are no major life events or legal changes, it’s wise to review your estate plan every few years to ensure it still meets your needs and goals. 4. Changes in Relationships: – If relationships with beneficiaries, trustees, or executors change significantly, consider updating your plan to reflect those changes. 5. Changes in Your Wishes: – If your priorities, goals, or preferences for asset distribution or guardianship of children change, update your plan accordingly.
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- Estate Planning: How to Maintain Your List of Assets and Passwords
Creating an estate plan is a critical step—but your plan is only as effective as the information your trustee can access. If your trustee must spend hours—or even weeks—searching for bank accounts, investment details, or passwords, your carefully prepared documents are not as helpful. Think of your estate plan as a map. If it doesn’t clearly point to what you own and how to reach it, your trustee is left guessing. That means delays, frustration, and avoidable expenses. Keeping a clear, current list of your assets and digital access isn’t just about efficiency—it’s about giving your trustee the gift of time, clarity, and confidence. You’ll make their job easier, help your beneficiaries receive what you’ve intended, and reduce the emotional burden during a difficult time. 1. Create and Maintain a Master Asset List Your trustee needs a full picture of what you own. Keep a simple, comprehensive list that includes: Bank accounts – account types, bank names, and last 4 digits Investment and retirement accounts – brokerages, IRAs, 401(k)s, crypto wallets Real estate – property addresses, mortgage or deed info Insurance policies – life, disability, long-term care Business interests – LLCs, partnerships, private equity High-value personal property – jewelry, collectibles, vehicles Debts or liabilities – loans, credit lines, mortgages 2. Securely Record Digital Access For many, most of your financial life is online. If your trustee can’t access your digital accounts, assets can be stuck in limbo for months. Maintain a secure log of: Passwords and usernames Email accounts linked to financial tools Two-factor authentication methods (e.g., mobile numbers, devices) Master password for your password manager (if used) Using a password manager is a good option—it stores everything in one secure place. Just make sure your trustee knows how to access it when needed. 3. Update Regularly Review and update once a year (tie it to tax time or a birthday) Add or remove assets as needed Update login credentials whenever passwords or platforms change Keep track of any new digital accounts or mobile apps you’re using to manage money Set a recurring reminder to review your records and keep everything fresh. 4. How and When to Share with Your Trustee You don’t need to hand over access today—but your trustee should know where the information is stored and how to unlock it if something happens. You have options: Provide sealed instructions with your estate plan documents Use a secure file or vault and give your trustee access credentials Store details in a fireproof safe, lockbox, or attorney’s office At a minimum, your trustee should know: Where to find your asset list and passwords Who to contact for access (attorney, spouse, digital executor) When they are authorized to use the information (e.g., only upon incapacity or death) 5. Tools That Can Help Consider using one or more of the following tools: Password managers Online vaults Secure spreadsheets or documents – protected with encryption and stored in the cloud Printed estate binders – if stored safely and updated regularly Whatever method you choose, the key is consistency and access. Conclusion A strong estate plan goes beyond legal documents. By maintaining a current list of your assets and access credentials, you make it easier for your trustee to act quickly, fulfill your wishes, and care for the people and causes that matter to you. Please contact me with any questions. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- Should You Appoint Co-Trustees? Why One May Be Better
When creating a trust, choosing the right trustee is one of the most important decisions you’ll make. Many of my clients initially want to name co-trustees—usually their adult children—as a way to be fair or encourage collaboration. But in my experience, that well-intentioned approach often backfires. I recommend appointing one trustee. It’s almost always simpler, faster, and less risky. Let’s examine why co-trustees can create problems, when they might make sense, and how to structure the trust properly if you decide to go that route. The Case for a Solo Trustee 1. Clarity and Efficiency One trustee means streamlined administration. Decisions get made quicker, paperwork gets signed without delay, and no coordination is needed to execute everyday actions—like selling real estate, filing taxes, or distributing assets. 2. Lower Risk of Disagreement When multiple people must jointly agree on financial and legal decisions, even minor conflicts can escalate. If co-trustees don’t get along—or even just have different work styles—deadlocks can stall the entire trust. 3. Less Burden on the Family Trust administration can already be emotionally difficult—especially after the death of a loved one. Naming a single trustee helps avoid friction among siblings or other beneficiaries over how the trust is being managed. Common Reasons People Choose Co-Trustees – and Why They Backfire “I want to treat my children equally.” This may result in unequal effort, growing resentment, and family friction - not fairness. “Two heads are better than one.” Without clearly defined roles, co-trustees can stall decision-making rather than enhance it. “I don’t want to offend anyone” The trustee role is a job, not a reward. Choose the person most capable of carrying out your wishes, and explain your reasoning if needed. “Our Children Get Along Well” Grief, money, and legal responsibilities can change even the best of relationships When Co-Trustees Might Make Sense While I usually recommend naming just one trustee, there are some situations where co-trustees can be the right choice—if the individuals are cooperative, and the trust is drafted with clear structure and flexibility. 1. Desire for Checks and Balances Some clients prefer to avoid placing too much authority in one person’s hands. Co-trustees can provide built-in accountability and oversight, even in modest estates. This can be reassuring in families where beneficiaries want transparency. 2. Sharing the Workload Trust administration can be time-consuming. Co-trustees can divide responsibilities. For example, one can handle financial and legal tasks while the other manages communication with beneficiaries or property upkeep. 3. Complementary Strengths and Perspectives Two trustees may bring different forms of value: financial acumen, legal knowledge, family insight, or emotional intelligence. Together, they may make better, more well-rounded decisions than either could alone. 4. Emotional Support Administering a trust, especially after the death of a parent, can be emotionally taxing. Co-trustees can support one another through difficult decisions and ease the burden during a time of grief. 5. Desire for Balanced Family Representation In blended families or families with complicated dynamics, co-trustees from different branches can help maintain neutrality and prevent accusations of favoritism—as long as they work well together. How to Make Co-Trustees Work If you do choose co-trustees, consider these safeguards: 1. Allow Independent Authority By default, co-trustees must act jointly. But, you can give the trustees the power to act independently. This allows either trustee to make decisions or sign documents without waiting on the other. 2. Clearly Define Roles Divide tasks based on skillsets—e.g., one manages finances, the other handles distributions. Avoid redundant effort and confusion. 3. Build in Tie-Breakers Include a clause specifying how disagreements are resolved: majority vote (for 3+ trustees), mediation, or final say by a neutral third party. 4. Add Flexibility to Resign or Remove Make it easy for a trustee to resign if it’s not working. Allow remaining trustee to remove a non-performing trustee with cause. 5. Appoint an Advisor A neutral third party (often an attorney or CPA) can serve as a trust protector, resolving disputes or stepping in if something goes wrong. Better Alternatives to Co-Trustees If your main concern is fairness or oversight, consider these effective and flexible structures: One Trustee with Named Successors Instead of appointing co-trustees, name one primary trustee and list successor trustees in a clear order of priority. This keeps administration simple while still ensuring continuity if the first trustee becomes unavailable. This maintains efficiency and avoids conflict between trustees. Professional Trustee with Family Advisory Input Appoint a neutral, professional trustee to handle administration, while giving a trusted family member the right to be consulted or kept informed on key decisions. This balances expertise with family awareness—without creating shared control. Trust Protector Role Appoint a trust protector—typically a trusted advisor or attorney—with limited powers to monitor the trustee, break deadlocks, or replace the trustee if necessary. This adds oversight without requiring day-to-day involvement. Conclusion Appointing co-trustees may feel fair, but in practice, it often leads to inefficiency, conflict, or delays. In most cases, naming one capable, trustworthy individual as trustee is the wisest path. With the right planning, you can still ensure fairness, transparency, and continuity—without compromising the administration of your trust. Please contact me with any questions. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- Estate Planning Isn’t Just About Death — It’s About Incapacity, Too
Estate Planning Isn’t Just About Death — It’s About Incapacity, Too When most people think of estate planning, they picture dividing up their assets after death. But one of the most important reasons to plan isn’t about what happens when you die — it’s about what happens if you can’t make decisions while you’re still alive. Incapacity can strike at any age. A sudden illness, accident, or cognitive decline can leave you unable to manage your finances, make health care choices, or speak for yourself. Without a plan, your family may face delays, costly court proceedings, and painful disagreements. What Is Incapacity Planning? Incapacity planning is the part of your estate plan that prepares for the possibility that you become unable to make decisions. It ensures that: Someone you trust can pay your bills and manage your finances. Your health care choices are honored. Your family doesn’t have to go to court to take action on your behalf. It’s not just for the elderly. Accidents and medical emergencies can happen to anyone. The best time to plan is when you're healthy and clear-headed — not in a crisis. Key Documents for Incapacity Planning Durable Power of Attorney: This allows a trusted person (your “agent”) to handle financial and legal matters on your behalf. They can access your bank accounts, pay bills, manage investments, and even file taxes if needed. Advance Health Care Directive (or Living Will): This lets you spell out your medical wishes and name someone to make health decisions for you if you can't. It covers situations like life support, resuscitation, and end-of-life care. Revocable Living Trust: If your assets are in a trust, the person you name as successor trustee can manage them for your benefit if you become incapacitated, without going through court. What Happens If You Don’t Plan? If you become incapacitated without these documents: Your family may need to petition the court for conservatorship or guardianship — a public, time-consuming, and expensive process. There may be confusion or conflict over who should make decisions, especially in blended families or among adult children. Your preferences for medical care may be unknown or ignored, leading to choices you wouldn’t have made for yourself. Examples A 40-year-old father suffers a stroke. Without a power of attorney, his spouse can’t access his business accounts to pay employees. A 29-year-old woman is in a coma after an accident. Her parents and partner disagree on care decisions, and no one has clear legal authority. An 82-year-old man with dementia doesn’t have an estate plan. His children must go to probate court to manage his finances — costing thousands and delaying help. Peace of Mind Starts with a Plan Incapacity planning is an act of protection. It keeps your family out of court. It prevents arguments. It ensures someone you trust is in charge, and that your values and choices are respected. You don’t need to have every answer today. Start by choosing people you trust and working with an estate planning attorney to put the right documents in place. Action Steps: Name someone you trust to handle finances and medical decisions. Complete a power of attorney and advance directive. Talk to your loved ones about your wishes. Fund your trust, if you have one, to avoid court delays. Review and update your plan every few years, or after major life events. Please contact me with any questions. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- “I’ll Do It Later”: The Psychology Behind Estate Planning Delay
Estate planning is one of the most responsible and loving acts you can do for your family — yet, according to a 2023 Caring.com Will & Estate Planning survey, only 34% of Americans have an estate plan. Despite understanding the risks, many people delay it for years. The reason? It’s not about time, complexity, or money — it’s about mindset. In Psychology Today, psychologist Corey Wilks, Psy.D., breaks down the real reasons we procrastinate in his article, “Why We Procrastinate and How to Stop” (October 17, 2024). His insights are directly relevant to estate planning — a task that feels overwhelming, emotional, and easy to avoid. The Emotional Weight of Estate Planning As Wilks explains, “Procrastination can often be a form of avoidance. It’s not that we don’t want to complete the task—it’s that we’re afraid of what might happen if we do.” We avoid estate planning not because we’re disorganized — but because it forces us to confront uncomfortable truths about mortality, responsibility, and our family dynamics. Estate planning activates fears we’d rather not face: What happens if I die suddenly? Will my family fight over money? Who will take care of my kids? What if I make a mistake? Rather than deal with those fears, we postpone. As Wilks puts it, “When we avoid taking action, we temporarily relieve the anxiety associated with the task. But in the long run, this avoidance only reinforces our fear and makes the task seem even more daunting.” That emotional avoidance becomes a habit — until something forces action, often under duress. Top Reasons We Delay — and the Reality Check 1. “I’m too young for this.” Even young adults need powers of attorney, health directives, and guardianship plans. Accidents don’t wait for retirement. 2. “I don’t have enough money to need an estate plan.” You don’t need millions to benefit from an estate plan. Almost everyone can benefit from a plan that protects assets and family. 3. “It’s too stressful to think about.” Exactly. And that’s why it’s so important. The stress now prevents far greater stress for your family later. How to Break Through Procrastination Wilks outlines three core strategies to move from intention to action: Focus on What Matters Most: Channel your energy into what truly moves the needle — and give yourself permission to release guilt over the rest. Take the Fear Head-On: Try a method called fear inoculation: break intimidating tasks into small, manageable steps and face them gradually. This approach builds confidence by showing you can handle discomfort one step at a time. Shift Your Perspective: Procrastination doesn’t mean you’re lazy — it may be a sign something deeper needs attention. Reframe it as a cue to realign your priorities or address hidden fears. When you approach it with curiosity instead of judgment, it becomes easier to move forward. Don’t wait for a crisis. Begin estate planning while you still have options, time, and clarity. Action Items: Write down your reason why estate planning matters to you. Schedule a call with an estate planning attorney this week. Talk to your family about your wishes. Don’t aim for perfection — just begin. One document, one decision, one small move is all it takes. Please contact me with any questions. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- The Great Wealth Transfer Is Here: Why Estate Planning Has Never Been More Important
We are in the middle of the largest generational wealth transfer in history. According to a 2022 report from Cerulli Associates, over the next 20 years, an estimated $84 trillion of wealth will pass down to younger generations. Despite the scale of this shift, many families remain unprepared. Estate planning is not only for the ultra-wealthy. It’s for anyone who wants to ensure their wishes are honored, their family is taken care of, and their legacy lives on. A Historic Transfer of Wealth According to Cerulli Associates’ report, roughly $53 trillion of the wealth transfer will come from the Baby Boomer generation, representing 63% of all transfers. Much of this wealth is held in homes, retirement accounts, small businesses, and family trusts. Without clear estate plans, these assets may not end up where they’re intended. As Steve Randall noted in InvestmentNews , “Older generations are also not confident that Gen Z are able to manage the wealth transfer” (“ Is Gen Z ready for the multi-trillion-dollar wealth transfer?” , April 15, 2025). Estate planning serves as the bridge between the wealth you’ve built and the future you envision for the next generation. It’s not just about transferring assets—it’s about preparing heirs to receive them. The Cost of No Plan Failure to plan may lead to family conflict, court battles, and unexpected tax burdens. A 2023 Caring.com survey found that only 34% of Americans have a will—and fewer have a comprehensive estate plan. Common consequences of poor or outdated planning include: Assets tied up in probate for months or years. Unintended beneficiaries receiving assets due to outdated documents. Estate taxes reducing inheritances. Heirs losing government benefits due to poorly structured inheritances. Family businesses collapsing without succession plans. How to Get Started with Estate Planning Estate planning is one of the most important steps you can take to protect your legacy and provide clarity for your loved ones. It doesn’t have to be overwhelming—start with these five key actions: 1- Establish a Will or Trust A will spells out who should receive your assets. A trust goes further—helping you avoid probate and control how and when your assets are distributed. 2- Appoint Trusted Decision-Makers Name individuals to act on your behalf through a power of attorney and health care proxy. These agents will make financial and medical decisions if you’re ever unable to do so. 3- Update Your Beneficiaries Double-check the beneficiary designations on your retirement accounts, life insurance, and investment accounts. These override your will and trust, so accuracy is critical. 4- Have Honest Conversations Talk with your family about your plans, values, and intentions. Open dialogue can reduce confusion, ease future tensions, and align expectations. 5- Build the Right Team Collaborate with an estate planning attorney, a CPA, and a financial advisor. Together, they’ll help ensure your plan is comprehensive, tax-efficient, and legally sound. Please contact me with any questions. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- Don’t Forget to Fund Your Trust
C reating a revocable trust is an important step in estate planning. However, many people overlook an essential step: funding the trust. Without proper funding, a trust is empty and cannot serve its purpose. Here’s why funding your trust is important and how to do it correctly. What Does It Mean to Fund a Trust? Funding a trust means transferring ownership of your assets from your name to the trust’s name. This includes real estate, bank accounts, investments, and valuable personal property. If assets are not properly titled in the trust’s name, they may still go through probate, which can be time-consuming and costly. Steps to Fund Your Revocable Trust Real Estate : To transfer real property into your trust, you must create and record a new deed listing the trust as the owner. I help my clients with this essential step as long as the real estate is located in California. Bank Accounts : Visit your bank in person or online to retitle accounts in the name of your trust or update beneficiary designations to the trust. Investment Accounts : Work with your financial advisor to retitle brokerage accounts or update beneficiary designations to the trust. Personal Property : Transfer valuable items, like jewelry, art, and collectibles, by creating an assignment of personal property document. Business Interests : If you own a business, update ownership documents to reflect the trust as the owner. Retirement Accounts and Life Insurance : While these assets are often left to individuals through beneficiary designations, you may want to name the trust as a contingent beneficiary. Homeowners Insurance : Contact your insurance provider to add the trust as an additional insured on your policy. This protects the property and ensures there are no coverage gaps. Common Mistakes to Avoid Delaying the Process: Some people establish a trust but fail to fund it, leaving assets unprotected if something unexpected happens. Incomplete Transfers: Some assets require additional paperwork or approvals. Ensure all necessary forms are completed. Forgetting New Assets: As you acquire new assets, remember to title them in the trust’s name. Action Items: List all assets and determine which need to be transferred. Contact financial institutions to update account titles. Ask your insurance provider to add the trust as an additional insured to your policy. Review and update your estate plan as your assets change. By taking these steps, you can ensure a smooth and efficient transition of your estate to your beneficiaries. Please contact me with any questions. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- Will Your Kids Pay Inheritance Tax in California?
If you’re planning your estate and wondering whether your children will owe inheritance tax in California, the short answer is no. California does not impose an inheritance tax or estate tax, making it one of the more tax-friendly states for passing on wealth. However, there are still important considerations, including federal estate taxes and other financial implications. No Inheritance Tax in California Unlike some states, California does not require heirs to pay taxes on inherited assets. Regardless of the amount, your children will not face any state-imposed inheritance tax when they receive their inheritance. Federal Estate Tax Considerations While California does not have its own estate tax, federal estate taxes can apply to large estates. In 2025, the federal estate tax exemption is $13.99 million per person ($27.98 for married couples). This means: If your estate is valued below this amount, no federal estate tax will be owed. If your estate is valued above this threshold, the excess amount is taxed at rates up to 40% before assets are distributed to heirs. Since this tax is imposed on the estate itself, your children will not be responsible for paying it directly—but a significant portion of the estate could be reduced before they receive their inheritance. Other Financial Implications for Heirs While inheritance tax is not an issue in California, there are other financial aspects to consider: Capital Gains Tax : If your children inherit assets like real estate or stocks, they likely will benefit from a step-up in basis to the asset’s value at the time of your passing. This can reduce capital gains taxes if they sell the asset later. Income Tax on Certain Assets : Inherited retirement accounts (like IRAs or 401(k)s) may be subject to income tax when withdrawn. Non-spouse beneficiaries typically must withdraw the full balance within 10 years, which can create a significant tax burden. Planning for the Future Even though California does not have an inheritance tax, estate planning is essential to ensure a smooth wealth transfer and minimize federal tax exposure. Consulting with an estate planning attorney or financial advisor can help you develop the best strategy for your family’s financial future. If you have a sizable estate or complex assets, take proactive steps now to ensure your beneficiaries receive the maximum benefit from their inheritance. Please contact me with any questions.
- Will vs. Trust in California: Which Do You Need?
When planning your estate in California, you’ve likely heard of two options: a will and a trust. While both serve to distribute assets after death, they work in significantly different ways. Choosing the right one depends on your personal circumstances, financial goals, and family needs. What is a Will? A will is a legal document that outlines how your assets should be distributed after your death. It also allows you to: Name an executor to manage your estate. Designate guardians for minor children. Specify funeral arrangements or other wishes. Pros of a Will: ✔ Simplicity – Easier and cheaper to create than a trust. ✔ Flexibility – Can be updated as life circumstances change. ✔ Guardianship – Essential if you have minor children. Cons of a Will: ✖ Probate Required – Your estate must go through probate, a court-supervised process that can be time-consuming and costly. ✖ Public Record – Probate is a public process, meaning your estate details become part of the court record. What is a Trust? A trust is a legal document that allows you to manage your assets during your lifetime and distributes them to your beneficiaries after you pass away. In California, the most common type is a revocable living trust. You maintain control over your assets during your lifetime and name a trustee to manage them after your death. Pros of a Trust: ✔ Avoids Probate – Assets in a trust pass directly to beneficiaries, saving time and legal costs. ✔ Privacy – Unlike a will, trusts are not public records. ✔ Incapacity Protection – If you become incapacitated, your successor trustee can manage your assets without court intervention. ✔ Control Over Distributions – You can set rules for how and when beneficiaries receive their inheritance (e.g., staggered payments, specific conditions). Cons of a Trust: ✖ More Expensive to Set Up – Creating a trust typically costs more than a standalone will. ✖ Ongoing Maintenance – You must transfer assets (like real estate and bank accounts) into the trust, or they won’t be covered. Which One is Right for You? If you own real estate or have a significant estate, a trust helps avoid probate. If you want privacy and control, a trust is better. If your estate is small ($184,500 or less in California), probate may be avoided without a trust. Please contact me to discuss whether a trust or will is best for your situation. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.
- Adding your Trust to Your Insurance Policies is Vital
Transferring assets like your home into a trust is a smart way to protect them and plan for the future. But if you don’t update your insurance policies, you could face serious risks—like denied claims, legal trouble, or financial loss. Here’s why adding your trust as an additional insured on your insurance policy is vital and how to do it the right way. 1. Protects Your Home and Property When you transfer your home into a trust, the trust becomes the legal owner—not you. That means your homeowners insurance needs to cover the trust, too. If the trust isn’t listed as an additional insured on the policy, your insurance company could deny your claim, leaving you to pay for damages or legal fees. Example : If a storm destroys your trust-owned home, but your homeowners’ insurance only lists your name as an individual, the insurance company might refuse to pay for repairs. 2. Prevents Insurance Gaps and Denied Claims Insurance only covers the people or entities listed in the policy. If your trust owns the property but isn’t listed, your insurance company may not cover damages or lawsuits. Example : If a guest gets hurt at your rental property, which is held in a trust, but your homeowners’ insurance still lists only your name, the insurance company could deny the claim, leaving you personally responsible for medical bills or lawsuits. 3. Ensures Claims Get Paid Smoothly When you file an insurance claim, the right name needs to be on the policy. If your trust isn’t listed, the insurance company may delay or deny payments - even if you’ve paid your premiums. Example : If a tree falls on your trust-owned home, but your insurance only has your name, the company may refuse to pay, claiming the property belongs to the trust—not you. How to Add Your Trust to your Insurance Policies Check your existing policies – Identify all insurance policies covering assets held by the trust. Contact your insurance company – Request that the trust be added as an additional insured or named insured, depending on the policy. Update documents – Make sure your policy clearly lists the trust (in addition to your name). If you have any questions, please contact me. About the Author Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.