Notes on California Estate Planning: March 2026

Real Life Situation

Two years ago, Abigail called our office about setting up her living trust. She didn't have an estate plan. But she couldn't decide who she wanted as her successor trustee. We explained the duties of a successor trustee and tried to help her sort through her options. She told us she would think about it and get back to us. She never did get back to us. Earlier this year, two years later, her cousin called us to say Abigail had unexpectedly died. Her cousin had found our firm's business card in Abigail's desk and hoped we had a copy of Abigail's will or trust. We had to tell her that Abigail had never completed a will or trust with us.  Sad situation for her family, who now have to put the pieces together in probate.

Quick Hits

Summer is right around the corner. Now is the time to get your estate plan done before your family vacation. It's really hard to do one week before your trip.

If you can't talk on the phone because you are in the shower, shopping, or in a meeting, don't pick up the phone to say you can't talk now. Why answer the phone to say you can't talk now? Let it go to voicemail and call back when you can talk. Your attorney will thank you.

Don't wait to do your estate planning until you are so old you can't remember if you made an appointment with your favorite estate planning law firm.

If your living trust literally disintegrates when you pick it up because you've been using it as a pot holder for your coffee pot on your kitchen table for the last ten years, you need to update it. 

Dogs are awesome, and under California law, you can make them a beneficiary of your living trust. But they can't be your successor trustee. And they don't have a valid driver's license or passport for the notary.

The difference between your 85-year-old father having an up-to-date durable power of attorney naming you as his agent and not having one is the difference between exchanging forms with his financial advisor and filing a petition with the probate court to seek a court order appointing you as his conservator.

AI can be helpful in the design of your living trust estate plan, but not if you don't thoughtfully review and edit its output. It's a tool. It can't replace your context, consciousness, heart, history, wisdom, and reasoning. 

Sure, AI can help you reword your email and other things, but AI can't do truth, goodness, and beauty.

Five years ago, my brother moved to Tennessee. We visited him many times, and I liked it - the people were really nice, and bonus - no state income tax. A few years ago, I applied to become a licensed attorney in Tennessee, to give me an excuse to visit my brother. The TN bar said it might take over a year for them to process my application. Last month, more than two years later,  they sent me the "Congratulations and welcome to the Tennessee bar" email,  and I was sworn in a few weeks later. In the meantime, my brother moved back to California - can't beat the Cali weather, and family. I don't know if I will ever practice law in Tennessee, but now, as a duly licensed Tennessee attorney, I can do what most Californians can't - I can say "y'all" with authority.

Happy Easter, y'all.

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