FAQ
Real answers to common estate planning questions.
Straightforward answers about living trusts, wills, probate, power of attorney, and NRI estate planning in California — no legal jargon.
Common Questions
Clear answers to real questions.
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In general, a will takes effect at death and, depending on the size and type of the estate, may need to go through probate court — a public process that can take 12–18 months and cost 4–8% of the estate. A revocable living trust takes effect when signed and funded; assets properly transferred into it generally pass to beneficiaries without probate. Which approach fits a particular person depends on their circumstances — that is a question for a California estate planning attorney.
In general, California intestate succession law determines who inherits, in a fixed order of relatives. Whether a court case is required depends on how the home is titled, its value, and the date of death. California has simplified procedures for some smaller estates, with limits that depend on the type of property and the date of death — including a newer procedure for some primary residences valued up to $750,000. The California Courts Self-Help Guide lists the current limits. If there are minor children and no guardian nomination, a court decides guardianship.
Common documents include a will, a revocable living trust, a durable power of attorney for finances, and an advance health care directive. Which documents are appropriate for you is a legal question — we prepare the documents you select, and a California estate planning attorney can advise you on which ones you need.
A pour-over will is commonly used alongside a living trust. It directs assets that were left outside the trust into the trust at death, and it can nominate guardians for minor children. Assets passing under a pour-over will may still be subject to probate.
Generally, yes. A revocable living trust can usually be amended or revoked while the person who created it is living and has capacity, following the method stated in the trust.
As general information: real estate, bank and brokerage accounts, and valuable personal property are commonly titled in a trust, while retirement accounts and life insurance often pass by beneficiary designation instead. Which of your assets to transfer, and how, is a legal and tax question for a California estate planning attorney or tax professional. At your direction, we can prepare transfer documents such as deeds.
Citizenship or OCI/PIO status does not by itself prevent someone from creating a California living trust for US assets. Cross-border families often have legal and tax questions on both sides — please consult qualified US and Indian attorneys and tax professionals. We prepare California documents at your specific direction.
Not necessarily. Property in India is generally governed by Indian law, which can depend on factors such as religion and the type and location of the property. We do not advise on Indian law. For Indian property, consult a qualified Indian attorney.
Timing depends on the documents you select and how quickly you provide your instructions and information. Govind will give you an estimated timeline after you sign the written Legal Document Assistant contract.
Yes, the intro call is free with no obligation. Fees depend on the documents you select and are set out in the written Legal Document Assistant contract you sign before any services begin.
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