Day, Pace, York & YorkESTATE PLANNING & PROBATE SOLUTIONS TAILORED TO YOUR NEEDS2026-06-04T17:02:09Zhttps://www.dpyylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201749/2021/11/cropped-Favicon_New-32x32.pngOn Behalf of Day, Pace, York & York<![CDATA[Irrevocable trusts are beneficial in many estate plans]]>https://www.dpyylaw.com/?p=470772026-06-04T17:02:09Z2026-06-04T17:02:09Zirrevocable trust, which is a legal tool that allows you to spell out who will get your assets and how it will happen. An irrevocable trust is one that can’t be changed or canceled once it’s created and funded unless the beneficiaries or court approve the changes. While that may seem off putting, it comes with considerable benefits.
What happens when an irrevocable trust is created and funded?
After you create the trust, you will put the assets into it, which is known as funding it. At that point, the trust and assets within it transition to the control of the trustee. You won’t maintain any control over the trust, which is what allows some of the benefits to become possible.
One of the main benefits of an irrevocable trust is that creditors can’t stake a claim to the assets held by the trust. This makes an irrevocable trust a good idea for people who have high-risk jobs or may have other factors that increase the chance they’ll face claims against them.
Another benefit of irrevocable trusts is that the beneficiaries will have privacy that’s not possible if they had to go through the probate process. Trusts bypass the probate process, which also means that beneficiaries may be able to access their inheritance in a timelier manner.
A trust is only part of an estate plan, so it’s critical to ensure that you have everything set up in a way that reflects your wishes. Working with a legal team that is familiar with your situation can help you to ensure that everything is set up in a legally enforceable manner.]]>On Behalf of Day, Pace, York & York<![CDATA[The advantage of using a special needs trust]]>https://www.dpyylaw.com/?p=470762026-05-21T17:49:49Z2026-05-21T17:49:49ZAs you make your estate plan, if you have a beneficiary with special needs, it may be wise to set up a special needs trust. This is a way to give them an inheritance. Instead of giving it to them directly, as you would with a will, you put the money into a trust and name that individual as the beneficiary of the trust. You will also have to select a trustee who can access the account and make appropriate distributions.In a general sense, trusts are useful because they give you more control. You can specify the terms of the distributions, and you get to choose the trustee who will ensure that your instructions are followed. But with a special needs trust in particular, it is critical to consider that person’s access to government benefits.
Passing a means test
For instance, maybe the beneficiary who has special needs is unable to work. Because they have no income and limited assets, they can pass a means test and qualify for government benefits.But if you gave that person a large inheritance, even though you may think that you are helping their situation, it may actually mean that they no longer pass the means test. Their benefits could be revoked. They would then have to spend down the inheritance that you left them before reapplying for benefits.When you put the same inheritance into a special needs trust, however, the beneficiary still passes the means test. They retain their benefits, and the trustee can help use the money to cover any additional costs.
Planning in advance
As you can see, it is important to carefully plan in advance when drafting an estate plan so that you can avoid any unintended negative consequences. It can help to work with an experienced attorney at this time.
]]>On Behalf of Day, Pace, York & York<![CDATA[4 common mistakes executors make during probate]]>https://www.dpyylaw.com/?p=470752026-05-07T23:16:16Z2026-05-07T23:16:16Zto make mistakes that can slow things down or create unnecessary complications. Understanding where others often stumble can help you navigate the process more confidently.
1. Paying beneficiaries before settling all debts
This is one of the fastest ways to land in legal trouble. Creditor claims must be satisfied before distributions go to heirs. If you pay beneficiaries first and the estate runs short, you could be personally on the hook for the unpaid debts. Wait until the creditor claim period has closed before making any distributions.
2. Commingling personal and estate funds
Mixing your personal finances with estate funds is ill-advised. Even if your intentions are harmless, depositing estate money into your personal account or using your own account to pay estate expenses can raise serious legal and accounting concerns. The best way to avoid this is to treat the estate as a completely separate financial entity. If necessary, open a dedicated estate account and ensure that all estate transactions flow through it.
3. Letting estate assets sit unprotected
Your duty as an executor isn’t just administrative. You also have a fiduciary duty to preserve and protect the estate’s assets until distribution. This means keeping real property insured, staying current on mortgage payments and safeguarding valuables. An estate vehicle left uninsured or a home left unmaintained could expose you to liability if something goes wrong.
4. Going it alone to save money
It's understandable to want to keep costs down, but navigating probate without proper guidance can backfire. What initially seems like a cost-saving decision often ends up costing far more in time, stress and potential legal complications. Missed deadlines, improper filings and procedural errors can lead to unnecessary delays and expenses that even outweigh any initial savings.
Experienced legal support should not be viewed as an unnecessary cost. Think of it as an essential measure to protect your interests and help ensure a smooth probate process.]]>On Behalf of Day, Pace, York & York<![CDATA[Don’t overlook your residuary estate when reviewing a will]]>https://www.dpyylaw.com/?p=470722026-04-18T20:40:39Z2026-04-18T20:40:39ZWhat constitutes a residuary estate?
The residuary estate of a testator is any property they own directly that they do not specifically address in their estate plan. Frequently, the residuary estate consists of personal items, ranging from home furnishings to clothing.
There are numerous ways to address the residuary estate in an estate plan. People can allocate the residuary estate to a specific family member or leave instructions for its donation to a charitable cause. They can ask a personal representative to hold an estate sale and distribute any sale proceeds among their beneficiaries in a specific fashion.
They can even leave instructions to divide their property among their beneficiaries. Just a few lines in an existing will can reduce opportunities for disagreements among beneficiaries or stress for a personal representative.
Making an effort to address property not already included in an estate plan can help people limit opportunities for disputes after their passing. Even if a residuary estate does not have much financial value, it can be a source of conflict if left unaddressed.]]>On Behalf of Day, Pace, York & York<![CDATA[Delivery of a will to the court is a key probate obligation]]>https://www.dpyylaw.com/?p=470712026-04-02T23:17:47Z2026-04-02T23:17:47ZLodging the will should happen as soon as possible
Submitting or “lodging” the will with the probate court is a critical early step in the probate process. Restrictions on will submission help limit opportunities for fraud and similar misconduct.
Under the current court procedures observed in Napa County and across California, personal representatives or family members typically only have 30 days from when an individual dies to locate a will and submit it to the local probate court. Failing to do so can significantly complicate the probate process and may result in the court treating the estate as though the person who passed died “intestate” (without a will).
Acting quickly to locate and submit a will to the appropriate probate court is critical for the protection of the decedent’s last wishes and legacy. People expecting to inherit from an estate or administer one can benefit from legal guidance to help them act in compliance with California's probate regulations.]]>On Behalf of Day, Pace, York & York<![CDATA[Handling income taxes during estate administration]]>https://www.dpyylaw.com/?p=470702026-03-20T15:05:43Z2026-03-20T15:05:43ZWhat income taxes apply during estate administration?
There are actually two separate income taxes that a personal representative may need to address. Personal representatives typically assume responsibility for filing the final income tax return on behalf of the decedent, and they must pay any balance due using estate resources. Even if the decedent has a surviving spouse, their tax liability typically passes to their estate.
Personal representatives may also sometimes have a responsibility to file an estate income tax return. If they must liquidate property by conducting an estate sale or selling major resources, such as a home, during estate administration, the estate itself could owe income taxes. Once the revenue generated by the estate reaches $600, the estate is likely liable for estate income taxes.
Personal representatives can more effectively protect themselves from legal and financial complications by filing appropriate returns and retaining estate resources as necessary to cover outstanding tax obligations. Working with an estate administration lawyer can help personal representatives fulfill their duties and limit their legal vulnerability during probate proceedings.]]>On Behalf of Day, Pace, York & York<![CDATA[How to protect aging parents from undue influence]]>https://www.dpyylaw.com/?p=470692026-03-04T19:42:13Z2026-03-04T19:42:13ZYour parents were there to protect and guide you when you were younger. However, as they age, it's natural for them to rely more heavily on others for help with their finances, health care and decision-making.
Unfortunately, that increased dependence can make them vulnerable to unscrupulous people and undue influence. If you are concerned about an aging parent, there are ways you can help to protect them and their estate plan.
Warning signs to look for
Undue influence occurs when someone uses "excessive persuasion" to overcome a person's free will, causing them to do things they would not otherwise have chosen.In an estate plan, this may appear as a sudden change to a will or trust, a new beneficiary designation or a transfer of significant assets. Courts take allegations of undue influence very seriously and consider several factors, including the older person's vulnerability, the influencer's apparent authority, the tactics used and how the result compares with prior intentions.Undue influence rarely happens overnight. Family members may begin to notice changes, such as:
A new caregiver or "friend" isolating the elderly person from loved ones
Large gifts or transfers that seem out of character
Seniors experiencing cognitive decline, grief after losing a spouse or increasing physical dependence are particularly at risk.The strongest protection against undue influence is proactive planning. Estate planning documents should be created or updated while your parent clearly has capacity with the oversight of a third-party that doesn't stand to benefit. These meetings should be private to help ensure decisions are voluntary.Financial powers of attorney can include safeguards that require accountability or assign co-agents to prevent abuse. A revocable trust can also reduce opportunities for manipulation. It's essential to maintain regular contact and involvement in your parents' lives to make isolation tactics more difficult.Speak with a legal professional if you are concerned about your aging parents being susceptible toundue influence. Protecting them is not only about safeguarding their assets; it's also about helping them maintain their independence and ensuring their true wishes are honored.]]>On Behalf of Day, Pace, York & York<![CDATA[How to talk to your adult children about your estate plan]]>https://www.dpyylaw.com/?p=470682026-02-21T03:00:34Z2026-02-21T03:00:34ZA meaningful gift to your family
Families often avoid discussing estate planning. But it’s not about focusing on the end of life. Instead, it’s meant to protect your family from confusion and disagreement about your intentions.
How you approach the conversation can be just as important as the topic itself. There is no need for a dramatic family meeting. A calm and private conversation often works best. Avoid holidays and choose a relaxed time when you can all be together. Let your children know this is about planning for peace of mind, not a precursor to bad news.
Rather than concentrating on specific dollar amounts, talk about your values and goals. Explain why you made certain decisions and what matters most to you. It may be your wish to treat everyone fairly, to provide extra help to someone who needs it or to keep the process as simple as possible. When your children understand your reasoning, they will be less likely to question your choices later.
You will also want to discuss your health care decisions and advance directive. Make sure your loved ones understand your preferences and know that you have completed the necessary paperwork.
Once you name an executor as well as other administrators like trustees and those anyone you’ve given power of attorney, let those individuals know. You will also need to inform them of where your documents are located. This information can prevent confusion at a critical time.
If you are concerned about tension or difficult questions, consider involving a legal professional in your estate planning conversation with your family. They can explain how the law works and offer assurances that your decisions are legally sound and carefully considered.]]>On Behalf of Day, Pace, York & York<![CDATA[What should you know about the probate process?]]>https://www.dpyylaw.com/?p=470662026-02-09T13:04:32Z2026-02-09T13:04:32ZWhen a person passes away, their estate will likely have to go through the probate process. In California, this is done by filing a petition in the California Superior Court. The process confirms the validity of the will if there is one, identifies the heirs, pays approved debts, and passes any remaining assets to the beneficiaries.
As part of the probate process, a person is named personal representative. If someone is named in the estate plan, they will usually be the one named. The court will appoint someone if there isn’t a will present.
What happens during the probate process?
Once the personal representative is named, notice is provided to beneficiaries, heirs and known creditors. This allows those parties the chance to make claims or bring up any objections. An inventory has to be taken of all the assets included in the estate. These may go through a valuation process. Some assets may not be part of the estate, but may be included in either trusts or accounts with named beneficiaries. If those are present, they will be handled according to the terms on the trust or account. After the inventory is handled, the administrative phase begins. This is when debts, final expenses and taxes are paid. The personal representative has to submit a final accounting that shows the financial transactions. If that’s approved by the court, the remaining assets are distributed to the beneficiaries in accordance with the estate plan if there is one or according to the intestate laws if there isn’t an estate plan. It’s imperative that everything in probate be handled exactly as required. Any missteps can result in the process being prolonged or more costly than necessary. Because of this, it’s usually best to work with someone familiar with this process. ]]>On Behalf of Day, Pace, York & York<![CDATA[What are ancillary probate proceedings?]]>https://www.dpyylaw.com/?p=470642026-01-30T12:10:26Z2026-01-30T12:10:26ZWhat is ancillary probate?
The jurisdiction for probate court proceedings depends on where a person lived at the time of their death. The county where they resided typically has jurisdiction over their probate matters.
However, many people own property in other locations. Not only may they own valuable assets located outside of the county where they reside, but those assets might actually be in another state. Ancillary probate proceedings help address assets in a different jurisdiction than the one overseeing the primary probate case.
If a person dies in California but has a ski cabin in Colorado, then a California personal representative may need to initiate ancillary probate proceedings in Colorado. If a person who lived in Nevada was the owner of a business operating in California, then the Nevada personal representative may need to initiate ancillary probate proceedings in California. The proceedings help ensure that interested parties can file claims if necessary and that estate settlement aligns with the law.
Ancillary probate proceedings can help resolve out-of-state obligations after someone dies and likely require the assistance of a legal professional. Working with a probate attorney is often necessary when estate administration involves multiple jurisdictions. Lawyers can help reduce travel obligations and can help personal representatives to fulfill their legal obligations.]]>