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Estate Planning Articles

How Outdated IRA Beneficiaries Can Derail Your Estate Plan

Most people assume that once they’ve set up their IRA or 401(k), the hard work is done. But one of the most overlooked estate-planning risks doesn’t involve your will or your trust; it’s the beneficiary designation form you filled out, often decades ago. These types of beneficiary errors are far more common than many realize, and the financial fallout can be significant. We see the consequences of these oversights in our practice on a regular basis. Why the IRA Beneficiary Form Matters More Than You Think Your IRA or 401(k) does not follow your will or trust. Instead, it passes ... Read More

Should Your Health Savings Account (HSA) Be Included in Your Estate Plan?

When crafting an estate plan, most people focus on major assets like homes, bank accounts, investments, or retirement plans. However, one often-overlooked asset deserves your attention: the Health Savings Account (HSA). Understanding what happens to your HSA after you pass away is critical to ensuring your estate plan aligns with your financial and family goals. In this post, we’ll explore why your HSA should be included in your estate plan and how to manage it effectively. What Is an HSA? A Health Savings Account (HSA) is a tax-advantaged account designed for individuals enrolled in a high-deductible health plan (HDHP). ... Read More

Why You Should Work with a Certified Specialist for Your Estate Plan

When it comes to estate planning, there are no do-overs. The documents you create today—your Living Trust, Will, Powers of Attorney, and related instruments—will one day direct how your assets are distributed, how your loved ones are cared for, and how your wishes are carried out when you are no longer able to speak for yourself. With something so important, it’s critical to work with an attorney who is not only experienced but also recognized by the State Bar of California as a Certified Specialist in Estate Planning, Trust and Probate Law. What Is a Certified Specialist? The State ... Read More

Leaving More Than Memories: Why Your Frequent Flyer Miles Should Be in Your Estate Plan

In today's travel-centric world, many of us accumulate thousands, or even hundreds of thousands, of airline miles and credit‑card reward points over a lifetime. But when we're gone, who gets to use them? Unlike other assets, frequent‑flyer miles typically cannot be passed on through a will. The Miles You Earn Aren't Always Yours to Bequeath Most airline and credit‑card reward programs close the account of a deceased member and reclaim the miles. While some airlines make exceptions on a case-by-case basis, their terms and conditions generally state that points aren't transferable by inheritance. United, JetBlue, Frontier: Offer family pooling ... Read More

How Turning 18 Means It is Time for an Estate Plan

In most states, when your child turns 18, it might be hard to imagine that little child who once needed you for everything has now become, overnight, an adult. Now your child is free to vote, marry, apply for a credit card, make medical and financial decisions, sign contracts, and live independently. No wonder the law calls this coming of age “emancipation.” But if your adult child is hurt in an accident and needs somebody to make critical medical decisions, you cannot be the one to do that without your child having named you as an agent under an ... Read More

Estate Planning Checklist: 5 Ways to Prepare

Nobody wants to think about becoming sick or passing away. However, accidents can happen to anyone at any time. Life can be unexpected. Unfortunately, many people have denied estate planning over the years. Some believe it’s not necessary, while others don’t feel comfortable discussing the idea of death. However, a comprehensive estate plan should consider what happens in the event you become disabled or pass away. It is about making sure that your loved ones are taken care of after you die and that your assets are distributed as you wish. By planning ahead, you can minimize future stress ... Read More

Estate Planning in Decline: New Data Shows a Concerning Trend

According to Caring.com’s 2025 Wills Survey, the number of Americans with a Will continues to decline. In 2025, only 24% of adults reported having a Will—down from 33% in 2022. Even more concerning is the fact that Americans with children under 18 make up the largest group without any estate planning documents in place. Despite this decline, those who do have a will are increasingly proactive, with most updates made in the last five years. Many cite life events like family expansion or a change in assets as reasons for revisiting their estate plan. Additionally, the long shadow of the ... Read More

Estate Planning and Divorce

Divorce can be one of the most stressful and emotional situations an individual can go through. Unfortunately, divorce is common in the United States. In fact, according to the Centers for Disease Control and Prevention (CDC), the divorce rate is 2.3 per 1,000 total population. If you are facing a divorce in the state of California, you may find yourself overwhelmed with questions about the process and worried about what will happen. You may also have many tasks to take care of. While decisions addressing your ex-spouse and family members are the priority, it’s imperative to add one more ... Read More

Estate Planning: Single, Married, or in a Domestic Partnership — What to Consider

Many people believe that estate planning is only for people who are married or have children. However, that is a harmful myth. Whether you have never been married, are divorced, are currently married or in a domestic partnership, planning is vitally important to ensure that your wishes are carried out. If you’re single and pass away without determining your heirs, the court will inevitably make that decision. That’s why it’s imperative for everyone to make a will or living trust that states who should receive their assets. According to a 2023 Wills and Estate Planning Study by Caring.com, only ... Read More

The $84 Trillion Question: Will Your Wealth Transfer Smoothly?

Over the next two decades, we are set to witness the most significant transfer of wealth in history. Baby boomers—those born before 1964—currently control an estimated $190 trillion in assets, with $84 trillion projected to pass to their heirs, according to Cerulli Associates. This historic shift will impact families, businesses, and financial markets in profound ways. The question is: Are you prepared to receive or pass down this wealth in the most efficient and protected manner? What’s Being Inherited? Much of this wealth is tied up in: Investment Accounts: Baby boomers have benefited from decades of strong market growth, ... Read More

Understanding the Due on Sale Clause in California Estate Planning

Real estate often plays a central role when creating an estate plan in California. Given the state’s high property values and unique legal landscape, ensuring a smooth transfer of property to your heirs is critical. One often overlooked issue in estate planning is the Due on Sale Clause in mortgage agreements. Understanding how this clause applies—and how to navigate it within the context of California’s laws—can protect your estate and your loved ones. What is the Due on Sale Clause? The Due on Sale Clause is a standard provision in mortgage agreements that allows the lender to demand full ... Read More

The Importance of a Digital Estate Plan

In today's digital age, our online presence is as significant as our physical assets. From email accounts to social media profiles, cryptocurrency to online banking, and even digital photo collections, we live much of our lives online. Yet, many estate plans overlook these digital assets, leaving loved ones with uncertainty and legal hurdles. Additionally, California's tech-savvy population often accumulates significant digital assets, making a Digital Estate Plan even more crucial for residents. A Digital Estate Plan is essential to a comprehensive estate plan. It ensures that your digital life is properly managed and passed on according to your wishes. ... Read More

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