How Divorce Affects Your Estate Planning in California?

December 1, 2023

Divorce is a challenging phase for any couple. Apart from the emotional turmoil, it affects every aspect of a couple’s lives, including their finances, property, and estate plans. Divorce changes the way your assets are distributed after your death. Your estate plan, which outlines how your assets will be managed or distributed after you pass away, would need to be updated accordingly. Estate planning can be highly complex and time-consuming, especially when a divorce is in progress. In California, where community property laws apply, the changes can be even more complicated. This blog post will discuss how divorce can affect your estate planning in California and when to change your estate plan.


When should you contemplate changing your estate plan if you are contemplating divorce?

If you are contemplating divorce, you need to understand that the assets you acquired during the marriage will be split equally between you and your spouse. That also includes the assets you put into your estate plan, such as your will, trust, or other estate planning document. Therefore, if you are considering filing for divorce, you should start thinking about updating your estate plan. To be more specific, you should consider updating your estate plan as soon as you think that a divorce is inevitable.


How does divorce change things?

When you divorce, your estate plan will change since your assets are no longer community property. You need to update your estate plan accordingly. You may also want to change the beneficiaries of your life insurance policy, retirement accounts, and bank accounts, as well as your powers of attorney. If you fail to update your estate plan, then it will still reflect the old provisions that are no longer in alignment with your current wishes.


What constitutes community property in divorce?

In California, any assets acquired during marriage are community property. However, there are some exceptions. For instance, assets that you inherit or receive as a gift, even during the marriage, are often considered separate property, but only if you keep them separate. Similarly, any assets you owned before your marriage are considered separate property. In a divorce, community property is divided equally between the two parties, while separate property belongs solely to the person who acquired it.


How can an attorney help?

A California estate planning attorney can help you navigate the complex process of updating your estate plan after a divorce. They can also help you understand your rights when it comes to community versus separate property, drafting a new estate plan that reflects your post-divorce wishes, and reviewing any pre-existing wills or trusts. An attorney can also help protect your estate plan from legal challenges that may arise during a divorce or after you pass away.


Divorce can turn your life upside down and affect everything you have planned for the future. Being prepared for this situation can make a significant difference in your life. Updating your estate plan after a divorce in California is essential. Hiring an experienced estate planning attorney can help you navigate this complex process, ensuring that your assets are managed or distributed according to your wishes. Contact an attorney to learn how you can update your estate plan and protect your future.

Why You Should Hire an Attorney for Heggstad Petitions in California

July 1, 2024
Navigating the complexities of Heggstad Petitions can be challenging and legally intricate. This blog post from Yvette M. Davis Law explains the importance of hiring an attorney for Heggstad Petitions in California. Learn about the benefits of professional legal assistance, the intricacies of these petitions, and how our firm can help you effectively manage your estate planning needs.

Understanding the Extent of a Will's Control in California

November 1, 2023
Dealing with the loss of a loved one is never easy, and the complicated legal procedures that come with it can be daunting. Those who have a Will might think that it decides everything, but that's not always the case. In California, Wills have limitations, and it's essential to know what they control and cannot control to ensure that your wishes are executed correctly. In this blog, we’ll discuss the extent of a Will's control in California and how an attorney can help.  1. Assets Controlled by a Will A Will is a legal document that specifies a person's wishes about asset distribution after death. In California, a Will can control several assets such as real estate, personal property, investments, businesses, and other assets in the deceased person's estate. It allows you to choose, for example, whom you want your assets to pass, in what proportion, and when the assets are distributed. 2. Assets Not Controlled by a Will Not all assets are controlled by a Will. In California, some assets do not pass through the probate process and cannot be controlled by a Will. These assets include life insurance policies or retirement accounts with beneficiary designations, joint tenancy assets, pay-on-death accounts, and assets held in a living trust. 3. Probate Process After death, the Will is usually submitted to the probate court, and the executor will initiate the probate process. It's a legal process to distribute assets, pay creditors, and settle debts of the deceased person. During probate, a probate judge will oversee the process, approve the Will, and ensure that all debts and taxes are paid before assets are distributed. 4. How can an Attorney Help? Writing a Will can be confusing and complicated, especially if you have several assets and beneficiaries. An attorney can help you draft a specific Will that reflects your wishes and meets the legal requirements of California. They can guide you through the entire estate planning process, including creating trusts, assigning beneficiaries, and setting up power of attorneys. They can also help you avoid the probate process by creating and funding a living trust, designating beneficiaries for some assets, or making sure all your assets are owned jointly with the right of survivorship. A qualified attorney can help minimize your tax liability, increase the value of your estate, and protect your assets from creditors or other legal disputes. In conclusion, a Will is only one part of the estate planning process in California. It controls certain assets, but not all of them. That's why it's essential to consult a qualified attorney to help you draft a Will and create a comprehensive estate plan that reflects your wishes and protects your assets. An experienced attorney can ensure your estate planning documents are legally valid, minimize taxes and probate fees, and avoid legal disputes and complications that may arise after death. Contact a trust and estate planning attorney today and start planning for your future peace of mind.

Can Probate Fees in California be Paid from an Estate?

By Yvette Davis • September 29, 2023
Probate is an important process that ensures that the assets left by a deceased are distributed according to their wishes or state laws. This process can be complicated and bring unexpected fees and expenses that loved ones may not have accounted for. One question that often comes up is whether probate fees can be paid from the estate. In this blog post, we’ll discuss the answer to this question, your options and how an attorney can help you navigate this complex process.  Probate fees in California are often associated with costs borne during the probate process. These fees could include first and foremost the attorney’s fees, executor fees, court fees and appraisal fees. The value of the deceased person's estate usually determines the total probate fees payable in California. The probate process is supervised and managed by the probate court. The executor will be responsible for paying these fees from the estate. In any case, the probate fees are in dispute; the Probate court is responsible for resolving it. Probate fees may be paid from the estate, but this depends on the value of the estate and the existing state regulations. It’s essential to consult with an attorney to advise you on how the probate fees could affect the assets that remain after all legal fees have been paid. Additionally, if a creditor comes forward after probate to claim monies due, expenses and fees should be apportioned correctly from the estate. A surefire way to determine whether you can pay probate fees from an estate is to research the value of the items in the estate. A skilled attorney can examine the monetary value of the estate to establish whether it can cover the costs of the probate process, including additional unexpected costs that may crop up. The attorney can also advise on how to make the probate process run smoothly, so there are no shortcomings or sudden payment requests from creditors in the future. How can an attorney help you in the probate process? Legal representation is vital during the entire probate process, whether you are the executor or an heir. An attorney experienced in probate procedures can guide you through the steps required by the state, represent you in probate court, and help adapt to any unexpected situations. They assist you in determining the value of an estate, ensuring that probate fees are paid correctly, and any outstanding creditor claims resolved. Probate fees can indeed be paid from an estate, however, the estate’s value will determine the total fees payable. It’s essential to understand the probate process to avoid any unexpected costs. An attorney can help you navigate this complex process, ensure proper documentation in line with state law, and that all probate fees are paid correctly. California residents should take the time to understand how probate processes work and consult with an experienced attorney to guide them through the process.
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