Skip to content
Common questions

Answers in plain English.

The questions families ask most, grouped by topic. For advice about your own situation, request an appointment.

Notebook, pen and a cup of coffee on a white table

Trusts & estate plans

Does having a will avoid probate?

A will provides important instructions for your estate, but it does not, by itself, avoid probate. Many homeowners use a living trust together with a pour-over will, allowing the documents to serve complementary purposes.

What happens to my house if I die without a trust?

The answer depends on how the home is titled and the transfer procedures available to your family. Formal probate may be necessary, but other options can apply. We review the ownership and your circumstances before recommending a course. A properly funded living trust is one established way to avoid formal probate for the home.

How do I keep my plan working?

Your plan comes with guidance on funding your trust and coordinating beneficiary designations. As your family, property or wishes change, we welcome the opportunity to review it with you and recommend thoughtful updates; we discuss the scope and fee before proceeding.

What does it mean to fund a trust?

Funding puts your trust into effect for the assets it is intended to hold. That may involve preparing deeds for real property and retitling bank or brokerage accounts. We explain the appropriate steps and offer the convenience of having our office prepare and coordinate the recording of California deeds for a separate fee. Retirement accounts and life insurance generally call for coordinated beneficiary designations rather than retitling into the trust.

Will I lose control of my property with a living trust?

Generally not. With a revocable trust you usually serve as your own trustee and can manage your property and revise the trust, subject to your capacity, the trust’s terms and, for a joint trust, the rights of your co-settlor.

Do you help with property outside the United States?

Our practice focuses on California families with U.S.-based assets. If you or your spouse own assets outside the U.S., please mention it when you contact us so we can talk about whether we are the right fit.

Trust administration

I have been named successor trustee. What should I do now?

Take a moment; you do not need to have every answer right away. The most helpful first step is to speak with us before distributing, selling or retitling anything. We will learn about the trust, the property and your family, and explain how we can guide the administration.

How long does trust administration take?

Every administration is different. The timing depends on the assets, any real estate, tax filings and family circumstances. After reviewing the trust, we give you a realistic sense of what to expect.

Can a family member serve as trustee?

Yes, and most successor trustees are family members. Trustees owe legal duties to the beneficiaries and can be held personally responsible for mistakes, so many choose experienced counsel to guide the administration from the start.

What if property was never put into the trust?

In appropriate circumstances, signed documents may support a trust confirmation (Heggstad) petition asking the court to confirm that the property belongs to the trust. The answer depends on the documents and the legal requirements, so we review the record before recommending a path.

Probate

When is probate required in California?

It depends on what was owned, how it was titled and its value. Formal probate may be required; in other cases a simpler procedure may apply. We review the estate and recommend the appropriate course.

How long does probate take?

Probate is court-supervised, and even straightforward estates commonly take a year or more. After reviewing the estate, we give you a realistic sense of what to expect.

Which courts do you handle probate in?

Santa Clara, San Francisco, San Mateo, Alameda and Contra Costa counties and all surrounding Bay Area counties, plus matters elsewhere in California, including Southern California.

Can probate be avoided after someone has died?

Sometimes. Whether assets can pass without formal probate depends on how they were owned and titled and on the size of the estate. We review what was owned, and how, before recommending a route.

Meetings & working with us

Can we meet by Zoom?

Yes, and most clients prefer it. Consultations and planning meetings are usually held by Zoom. Signings take place at our San Jose or San Francisco office.

Can we meet in Cantonese or Mandarin?

Yes. Cynthia meets with clients in English, Cantonese and Mandarin. Documents and written correspondence are in English.

Can my children attend my planning meeting?

With your permission, involving loved ones can help them understand your wishes and their future responsibilities. We can discuss the appropriate arrangements and also make time to speak with you privately.

When are you available?

Meetings are by appointment only, Monday to Friday, 9:30 AM to 5:00 PM, by Zoom or at our San Jose or San Francisco office.

Do you work with clients outside the Bay Area?

Yes. Cynthia is licensed throughout California and works with many clients in Southern California by Zoom.

What should I bring to the first meeting?

Any existing will or trust, recent statements or a list of your accounts, deeds for real estate you own, and the names of the people you would choose as trustee, guardian and agents. Our questionnaire walks you through it.

Begin

Start with a conversation.

Meetings are by appointment, weekdays 9:30 AM – 5:00 PM, by Zoom or at our offices. Call 888.380.2288 or 415.693.8882, or request a time online. Consultations in English, Cantonese or Mandarin.

Request an appointment