An estate plan helps ensure you can provide for the loved ones you leave behind. However, what happens to your furry friends?

You cannot leave money or property to your pet like you would a person, even if they feel like just as much of a family member. But you can set aside funds for your pet’s care. That is precisely what a pet trust is for.

How does this trust work?

A pet trust allows you to:

• Designate funds that do not exceed $40,000 for the pet’s care, including veterinary visits and daily needs, such as pet food and toys
• Choose someone to be the trustee, who may also be the person who will care for the pet when you are no longer able to do so

You can also include particular instructions for the pet’s care. Remember, an estate plan – which may include  pet provisions  – is meant to reflect and protect your wishes. You can make customized arrangements for your pet, even if you cannot leave anything to animals directly.

Do you need a pet trust?

The answer to this question generally boils down to your personal choice. After all, you can address the matter of your pet’s future in your will. This generally involves choosing someone as a caretaker or guardian of your pet in your will. However, you cannot leave funds for your pet’s care using this tool. You will need to provide for that in your trust. Additionally, even if you have a verbal agreement with a family member or friend to take care of your pets should anything happen to you, it is always a good idea to get it in writing.

If you have a beloved pet that you wish to protect even after you are gone, it is a good idea to have a lawyer create a pet trust for you or add provisions in your trust for your furry friend. You can prepare for the future and protect all of your family – including the pets.

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A loved one’s passing can leave you with a mess of emotions. It may also leave you with a lot of uncertainty, especially if you are managing your loved one’s California estate as a personal representative.

One issue that can lead to a lot of questions is the matter of paying off your loved one’s debts. Debt in and of itself is a stressful thing to manage. Here are some important details to know about this particular aspect of probate.

The estate generally pays debts

Usually, the payment of your loved one’s remaining debts comes from your loved one’s estate. You will have to arrange the actual payment, but the finances will come from the estate of the deceased, not your pockets.

Of course, there are certain cases where a living person may be responsible for paying the debt, such as if it was a joint loan or joint credit card. The individual on a joint account should inform the creditor about the passing of your loved one, but then they will be liable for paying the debt from now on.

Make sure any claims are legitimate

Scammers prey on the vulnerable. Probate can be a confusing process on top of immense grief – which makes it a common target for scammers. Therefore, there are a few risks you should watch for, including:

• Debt scavengers, trying to collect on a debt that is no longer effective or belonged to someone else
• Collectors who falsely claim your loved one owed them a debt
• Friends or family members who come forward with “verbal agreements” for payments

It’s important to handle every claim and creditor carefully. Look at all the information regarding the debt, and consider seeking legal guidance before taking any action.

Do not overlook anything

One of the reasons probate is so stressful is that there is no room for mistakes. If you make any errors, it could result in serious challenges and legal claims after the fact.

This is another reason why it is often beneficial to seek legal help during probate. A legal professional can help you avoid any of these future issues while managing current challenges effectively.

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Your loved one named you as the executor of their will. This is an important role, but if your loved one never informed you of this it can come as quite a shock. If you find yourself in this position, here are a few things to consider.

Evaluate the executor’s duties carefully

Managing your loved one’s affairs and administering the estate involves a long list of tasks and duties. These include, but are not limited to:

• Taking a full inventory of your loved one’s estate
• Paying any remaining debts from their estate
• Completing a considerable amount of paperwork

It is critical that you take a look and evaluate all of the duties involved. You should understand precisely what you will have to do in this role before taking it on. Of course, an experienced probate attorney will be able to help and guide you to ensure all required administrative tasks are properly completed. Even so, you should still make sure you are both able and willing to take on these duties.

Remember: You can decline

Even if your loved one nominated you as the executor of their will, that does not mean you have to take on this role. You have the option to decline.

This can be a stressful prospect. After all, you do not want to let your late loved one or your living family members down. However, in these cases you should put your loved one’s wishes and legacy first.

In a previous blog post, we addressed some of the questions you should ask yourself when faced with this role. If you truly believe that taking on this role would be too much, too stressful or even outside of your capabilities, it is important to:

• Communicate your decision to the relevant parties as soon as possible
• Obtain and execute the proper paperwork to decline the role

You should not feel shame or guilt if you feel that you cannot fulfill this role. It is no fault or failing of yours. Acting as an executor and personal representative can be a stressful job. It might not be the right fit for you – and that is okay.

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Managing your late loved one’s estate can leave a lot on your plate. If their estate has to go through probate, in addition to navigating all of the strict requirements and technicalities of the probate process, in many cases, your loved one’s home will need to be sold during the estate’s administration.

If the home does need to be sold during the probate process, it can be difficult to know where to start. After all, the requirements, and rules for selling a house in probate are much different than those associated with selling a home in a normal sale. So, what should you know?

First: Know the rules

As stated above, selling real estate in probate is not the same as selling a house in a normal sale. There are strict rules and procedures that must be followed in probate that do not apply in a normal sale. The California Probate Code explains the specific steps required under the law to sell a house in probate. You should carefully review these steps and conditions beforehand to avoid any issues or mishaps during the process.

Among other things, with a probate sale, you may have to:

• Obtain permission from the probate court to sell the property
• Get the property properly appraised for market value
• Give notice of the sale in the local newspaper
• Ensure the probate court approves the sale before finalizing matters

These are key steps among others that you may have to take in a probate real estate sale. It can help to consult an experienced probate attorney as well to fully understand the steps  to prepare the home for sale.

How can you maximize the value of the property?

Your loved one treasured their home. Perhaps it holds a lot of sentimental value for your family, but that kind of value does not necessarily transfer to a real estate sale. So, how can you make the most of the sale?

Part of this will depend on considering and evaluating how much time and resources would need to be committed to maximizing the value, and whether it would prove fruitful. For example, as we discussed in a previous blog post, you may wish to consider the pros and cons of:

• Selling the property as-is
• Potentially investing in some renovations

Certain renovations can increase the value of the home, but they may not necessarily produce a positive result relative to the cost of completing those renovations. You must weigh your options carefully. It can also help to speak with a real estate professional to determine steps you can take to maximize the value of the sale and whether it is advisable to do so relative to the costs associated with those steps and the market conditions then in effect.

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You may hear about limited conservatorships frequently, but what exactly are they? Here are some of the most common questions answered for you.

What is a limited conservatorship?

A limited conservatorship gives a person – most often a parent or guardian – some specific decision-making abilities for a loved one with developmental disabilities when they are an adult.

How do they work?

As we have discussed in a previous blog post, a limited conservatorship would allow the conservator specific rights regarding decisions in the conservatee’s life. These include but are not limited to decisions regarding their:

• Medical treatment
• Financial matters, if there is an estate
• Living arrangements

It is critical to note that of the seven rights a potential conservator wishes to obtain, only a few may be granted. The courts will evaluate each and every category to determine if it is necessary and appropriate for the conservator to have decision-making power in that specific situation.

How do you start one?

Generally, a proposed conservator must:

• Pay the necessary fees, unless the court approves a waiver of said fees
• File the necessary pleadings
• Provide documents and evidence
• Attend the hearings

As we stated above, the court will consider many factors to determine whether or not to grant the limited conservatorship. Of course, the process is much more detailed. It is a good idea to seek legal guidance to learn the specific procedure of establishing a limited conservatorship.

What should potential conservatees know?

Conservatees have rights throughout this entire process. You have the right to have a legal representative, change the conservator and terminate a conservatorship if appropriate.

A limited conservatorship should be just that – limited. It should not hinder the conservatee or their independence.

When should you consider a limited conservatorship?

Parents or guardians who have a child with developmental disabilities should consider a limited conservatorship when their child nears the age of 18, or the age of becoming a legal adult. Your goal should be to protect their independence while still protecting them.

If you have more questions about limited conservatorships, it may help to seek legal counsel.

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In previous blog posts, we have discussed the complexities that can arise in probate matters for blended families. Being a child of divorced parents, you may already know just how complex matters in your life can become in these cases.

When one parent passes away, you not only feel overwhelming grief but worry. What happens now?

How will probate work?

The administration of a parent’s estate depends heavily on whether:

• There is a will: If the parent who passed away had a will, then you or the named executor will follow the instructions and guidelines to administer the estate included within the will, given that the probate court validates the will.
• There is no will: Without a will, your parent’s California estate is subject to intestate succession rules. Under these rules, a child could inherit everything if there is no spouse and no deceased children leaving issue. Or, if your parent did remarry, then the estate is divided between the child or children and the new spouse.

A valid will is helpful, but conflict may still arise.

Important Note: If the parent who passed away did not update their beneficiary designations or explicitly address changes in a divorce settlement, then the surviving ex-spouse could potentially have a claim to assets in the estate. This could create additional complications between the ex-spouse, the widow, and the decedent’s children.

That doesn’t factor in the emotions

The documents and legal procedure may be fairly straightforward – especially if your parent had an estate plan. However, it is often the emotional aspects that are the most complex. As a child of divorced parents, you may feel caught in the middle between your other parent and the widow of your deceased parent. This stress could compound if you have other siblings or family members.

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Living in California, and particularly in Southern California, is a unique experience, with the weather, beaches, traffic and show business influence. What you might not realize is that a fairly unique California law can impact your estate plan, probate and trust administration.

California is one of just nine states with community property laws. The issue of community and/or separate property is most commonly associated with divorce, specifically property division between spouses, but also applies to probate matters as well. If you live in California — or just own assets here — it could have a big impact on how your assets will be distributed after you pass away.

Community property and estate planning

When a California couple gets divorced, each spouse is entitled to half of the couple’s community property (with some exceptions) and a spouse may be entitled to some of the other spouse’s separate property (things that belong to one spouse only).

When one spouse dies, unless a will or trust states otherwise, the surviving spouse generally is entitled to 50 percent of the deceased spouse’s assets. There are also income tax implications that don’t apply to property owned in marital property states.

Estate planning that fits your life

Like many Americans, you and your spouse may have lived in several states during your marriage. You might have lived in California your entire life, or maybe you moved here a few years ago after living in one or more non-community property states. Couples who acquired real estate, investments and other assets across multiple states need an estate plan that factors in how the spouses acquired the assets and how different states handle probate and inheritance. If not addressed, complications could arise that delay distribution of the assets or there may be unintended tax consequences.

These are all issues that are best addressed with an experienced probate and estate planning attorney.

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In recent years, we have seen Californians moving all across the country for a variety of reasons, deciding to live in a new state. Now a friend, one of your siblings, your parents, or other loved one has moved outside of California, with their California estate planning documents intact. You are named as successor trustee in their trust and/or as the executor in their will. You may be wondering, or want to know, that if your loved one dies in their new home state, will you have to travel there and go through the trust administration and/or probate administration in their new home state? Or is it possible to have the probate process started in a California court?

The Property Requirement

The first step is to determine if the deceased owned any property in California that would require probate. For example, real property with an appraised fair market value of $184,500 or more will need to be probated. If the decedent sold his or her California home prior to the move to another state, and if there are insignificant assets in California, then most likely a probate proceeding will not need to be initiated in California.

If you are unsure whether or not a probate will have to be opened in California, it is best to seek legal consultation with a probate attorney to determine whether it satisfies the statutory requirements.

The Probate Petition

If the deceased’s property is over $184,500 and the assets are not held in trust, bringing a probate petition  in front of the court is likely appropriate. You would hire a probate  attorney and file a petition in the appropriate court requesting that the probate process begin and you are appointed administrator, or executor if there is a will that names you.

Other Probate Requirements

If you succeed in obtaining California jurisdiction for the probate of your loved one’s estate, there are a few other important things for you to keep in mind. If your loved one lived in another state for some time, it’s likely that they have significant assets in the new home state. You may contact an attorney in the decedent’s home state first to find out whether you will have to file an ancillary probate in California. If yes, a California probate attorney will assist you in handling the ancillary probate.

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After losing a loved one, you and your family do not have to go through probate alone. While many people might be hesitant at first, hiring a probate attorney can make a significant difference in navigating the probate process – and preserving the assets of your loved one.

There are three primary ways a probate attorney can help.

They take things off your plate

Dealing with legal matters on your own, without the right knowledge, is likely the last thing you want to do after losing a loved one. There is barely time to grieve. If you are the named executor or if you are the person who will be filing a petition with the court to open a probate, you will have things to attend to. These may include planning a funeral or Celebration of Life, collecting information to prepare an obituary, contacting family members and friends and obtaining death certificates. The probate process involves meeting many deadlines. Hiring an attorney right from the start can help you manage the administrative aspect much more efficiently. An attorney can handle all of the legal matters.

Probate can get complicated

Even if your loved one had a will, the process of validating that will and administering all of the decedent’s assets can be complicated. Issues and disputes can arise with creditors or even family members. A probate attorney understands California laws and how the probate process works. Because of this knowledge, a probate attorney can help you navigate any complications effectively and reduce your overall stress.

You deserve support during the time after losing a loved one. Depending on the facts, a probate attorney may recommend that you file a petition immediately or take time to grieve and then come back to file the petition. This is pretty much fact-driven. A probate attorney allows you to focus on what is important and can provide both guidance and support through the often-stressful process.

Working with a lawyer allows you to focus on what is important

Above all, hiring an attorney familiar with probate lets you concentrate on the things that are most important to you. This could include your emotions as you grieve the loss of your loved one, your loved one’s memory and your family.

The aftermath of losing a loved one is never easy, no matter the circumstances. During this time, you should only have to focus on these most important things as you cope with this loss.

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Regardless of your age, you may experience a mix of emotions if your parent remarries. You become a part of a blended family and begin some sort of relationship with a stepparent and perhaps even stepsiblings. Even if these relationships are at times positive, the complexity of these relationships can come to the forefront when you lose a loved one.

In a past blog post, we discussed how probate can often become more complex when blended families are involved. Facing probate administration after losing a loved one can be stressful. Here are some things that children in blended families must be aware of as they manage this process.

Your biological parent

Probate may become a complicated process if your biological parent’s estate is probated.

What if your biological parents died with a will? This would allow your biological parent to leave specific personal assets to you and may allow for a larger percentage of their assets to go to you than the Probate Code provides.

If there is a Will, your biological parent could disinherit you, leave a small percentage to you or leave most assets to their new spouse. Your biological parent may have had a verbal agreement with the new spouse to assure that the real property be left to you on his/her death and may have conveyed this information to you. Or there may have been a verbal agreement that the spouse include you in the spouse’s will at the same percentage as his/her biological children. At the end of the day, when your stepparent dies, you may find that it is a very different distribution than what your biological parent intended or what your biological parent had hoped to achieve. As is often the case, your stepparent (the surviving spouse) may have decided to change his or her Will and not include you, despite having inherited a large portion of separate assets from your biological parent. This is a very sad and unsatisfying situation.

These are just some of the obstacles to inheriting assets from a biological parent.

Your stepparent

Even if you have a close relationship with your stepparent, stepchildren generally do not inherit if a stepparent passes away without a will providing for a distribution to them, though there are some exceptions under California law depending on your relationship.

In a blended family, both the passing of a parent and a stepparent can become a complicated matter. To prepare yourself, you must become aware of these issues and discuss them ahead of time with your biological parent and/or stepparent.

Complicated emotions

Losing a loved one is never easy. On top of dealing with a loss, blended families often involve complex relationships – with complex emotions tied to them. It is common for these relationships and emotions to become even more complex in the event of anticipating a probate proceeding after the death of a loved one. As a child in a blended family, you should be prepared for the potential of disappointments and disputes with:

• Stepparents
• Biological children your parent and stepparent had together
• Children your stepparent had before the second marriage that blended the family

These reasons above are why it is so important to discuss these matters long before probate begins. Conversations about a loved one’s estate plan are not always easy, but they are critical to avoid these stressful emotions and confusing processes.

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