Joanne Huang Joanne Huang

How to Transfer Property to a Living Trust in California

A living trust is one of the most effective estate planning tools for avoiding probate and ensuring a smooth transfer of assets to your beneficiaries. However, simply creating a trust is not enough—you must properly fund it by transferring assets into the trust, including real estate. If you do not record a deed transferring your property to your trust, it remains in your individual name and may still be subject to probate upon your passing.

In this guide, we’ll walk you through the steps, forms, and fees involved in transferring real estate to a living trust in California, including special requirements in counties like Riverside.

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Joanne Huang Joanne Huang

What to Do After a Trustee or Settlor Passes Away

When a trustee or settlor (the person who created the trust) passes away, it can be overwhelming for those left in charge. Whether you are the surviving spouse and co-settlor or the successor trustee, there are important legal and financial steps you must take to ensure the trust is properly administered. This guide outlines the key responsibilities based on your role.

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Joanne Huang Joanne Huang

Postnuptial Agreements in California: Requirements and Reasons to Consider One

When couples plan for the future, addressing finances isn’t always a romantic conversation. Yet, clear financial planning can help strengthen a marriage and prevent conflict later on. In California—a community property state where assets acquired during marriage are presumed jointly owned—a postnuptial agreement (often called a “postnup”) is an increasingly popular tool for couples to set their financial expectations and protect their assets.

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Joanne Huang Joanne Huang

What Is a Heggstad Petition and How Can It Help Avoid Probate in California?

When a person passes away in California, their estate typically goes through probate unless their assets were properly transferred into a revocable living trust. However, what happens if a person intended to place property in their trust but failed to formally transfer the title before passing? This is where a Heggstad Petition can be a powerful tool to bypass probate and ensure the property is distributed according to the trust’s terms.

In this blog post, we’ll explain what a Heggstad Petition is, who qualifies to file one, and how the process works.

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Joanne Huang Joanne Huang

What to Do After Setting Up a Revocable Living Trust in California

Creating a revocable living trust is a crucial step in protecting your assets and ensuring a smooth transfer to your beneficiaries. However, a trust is only effective if it is properly funded—meaning your assets must be legally transferred into the trust. Additionally, there are other key steps you should take to ensure your trust functions as intended. Below is a checklist of what to do after setting up your revocable living trust in California.

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Joanne Huang Joanne Huang

What is a Spousal Property Petition?

When a spouse or registered domestic partner passes away in California, their surviving spouse may be able to transfer certain assets without going through full probate by filing a Spousal Property Petition. This legal process is faster, simpler, and less expensive than probate, making it an essential option for those who qualify. In this guide, we’ll explain who qualifies, when to file, and how to complete the process.

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Joanne Huang Joanne Huang

What is Trust Administration?

When a loved one passes away and has a living trust, the estate does not automatically distribute itself. The trust must go through a legal process known as trust administration, where the designated successor trustee steps in to manage and distribute assets according to the trust’s terms. Unlike probate, which involves court oversight, trust administration is typically a private process—but it still requires careful attention to legal and financial responsibilities.

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Joanne Huang Joanne Huang

Why You Want to Avoid Probate in California

When a loved one passes away, their assets don’t automatically transfer to their heirs. In California, if someone dies without a living trust, their estate may have to go through probate, a court-supervised process that distributes assets according to a will (or state law if there is no will).

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Joanne Huang Joanne Huang

The Benefits of Setting Up a Living Trust

When it comes to protecting your assets and ensuring your loved ones are taken care of, a living trust is one of the most effective estate planning tools available. Unlike a will, a living trust allows you to manage your assets during your lifetime and specify how they should be distributed after your passing—all while avoiding the time-consuming and costly probate process. Below are some key benefits of setting up a living trust.

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Joanne Huang Joanne Huang

Premarital Agreements

Marriage is a significant commitment, both emotionally and financially. While discussing a premarital agreement (also known as a prenuptial agreement or “prenup”) may not seem romantic, it is a practical step that can provide financial clarity and protect both partners. In California, a community property state, a prenup can be especially beneficial for individuals who want to safeguard their assets and avoid potential disputes in the event of a divorce.

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