Kushner Legal Frequently Asked Questions

Estate Planning Basics

1What is estate planning?
Estate planning is the process of creating legal documents that direct who will manage your affairs if you become incapacitated and how your assets will pass when you die. In California, this usually involves a revocable living trust, a last will and testament, durable powers of attorney, and an advance health care directive. Without an estate plan, decisions may be made by courts, and California’s intestacy laws (Probate Code §§ 6400–6414) will determine inheritance. Estate planning is not just for the wealthy — it protects families of all sizes, avoids unnecessary probate costs, and ensures your wishes are followed.
👉 California Probate Code Intestate Succession https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=
2Do I need an estate plan if I am young or single?
Yes. Even if you are single or have modest assets, planning is critical. If you become incapacitated without documents, a court may need to appoint a conservator to manage your affairs. If you pass away without a plan, the state decides who inherits, which could exclude partners or chosen family. Simple documents like a will, durable power of attorney, and health care directive give you control and prevent delays.
👉 California Courts – Planning for Incapacity https://selfhelp.courts.ca.gov/conservatorship/alternatives
3What is the difference between a will and a living trust?
  • A will directs distribution of assets at death, but it must go through probate court, a public process that often takes 9–18 months and carries statutory attorney’s fees (Probate Code § 10810).
  • A living trust holds assets during your lifetime, avoids probate, and provides privacy. It also offers continuity in case of incapacity, as your successor trustee can step in without court involvement.
👉 California Courts – Probate Basics https://www.courts.ca.gov/8865.htm https://selfhelp.courts.ca.gov/conservatorship/alternatives
4How often should I update my estate plan?
You should review your plan every 2–3 years or whenever major life changes occur (marriage, divorce, children, buying/selling property, moving states, or significant financial changes). Outdated plans can create conflicts or unintended outcomes.

Wills

1What happens if I die without a will in California?
If you die intestate (without a will), the Probate Code decides who inherits. Spouses, children, parents, siblings, and other relatives may inherit — but unmarried partners, stepchildren, and friends will be excluded. This can create hardship for blended families or LGBTQ couples.
👉 California Intestate Succession Guide https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=
2Can I name a guardian for minor children?
Yes. A will is the place to nominate a guardian. Courts give preference to your nomination, though they will confirm the person’s suitability. Parents of young children should always include guardianship provisions. https://selfhelp.courts.ca.gov/conservatorship/alternatives

Probate and Trust Administration

1What is probate?
Probate is the court process to validate a will, appoint an executor, notify creditors, marshal assets, and distribute property. It is public, can take a year or more, and attorney’s fees are set by statute as a percentage of estate value (Probate Code § 10810).
👉 California State Bar – Probate Basics https://www.calbar.ca.gov/public/Free-Legal-Information/Probate https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=
2How long does probate take?
Simple cases may take 9–12 months; complex estates can take several years. Factors include disputes, creditor claims, or tax issues.
3What does a successor trustee do?
A successor trustee steps in when the trust creator dies or becomes incapacitated. Duties include:
  • Collecting and safeguarding assets
  • Paying valid debts and taxes
  • Notifying beneficiaries
  • Distributing property per the trust terms
    • Trustees owe fiduciary duties of loyalty and care to beneficiaries.

Incapacity Planning

1What is a durable power of attorney?

A durable power of attorney gives someone you trust authority to handle financial and legal matters if you cannot. Without it, a court-ordered conservatorship may be required, which is expensive and intrusive. https://www.calbar.ca.gov/public/Free-Legal-Information/Probate https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=
2What is an advance health care directive?

This document lets you name a medical decision-maker and record your treatment wishes. It can specify pain management, organ donation, and end-of-life care. It is legally recognized under Probate Code §§ 4600–4806.
👉 California Attorney General – Advance Health Care Directive Form https://oag.ca.gov/consumers/general/advance-health-care-directive
3Do I need a HIPAA release?

Yes. A HIPAA release ensures doctors and hospitals can share your medical information with your chosen agents. Without it, even your spouse may be denied access.
  • Collecting and safeguarding assets
  • Paying valid debts and taxes
  • Notifying beneficiaries
  • Distributing property per the trust terms
    • Trustees owe fiduciary duties of loyalty and care to beneficiaries.

Property and Community Property

1What is a durable power of attorney?

California is a community property state. Generally, assets and income acquired during marriage are jointly owned, unless otherwise agreed (Family Code § 760). Without agreements, disputes can arise over characterization of property. https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=
2Can beneficiary designations bypass probate?
Can beneficiary designations bypass probate?
Yes. Assets like retirement accounts, life insurance, and payable-on-death accounts pass directly to named beneficiaries. However, designations should align with your overall estate plan to avoid conflicts.
3Do I need a HIPAA release?

Yes. A HIPAA release ensures doctors and hospitals can share your medical information with your chosen agents. Without it, even your spouse may be denied access.
  • Collecting and safeguarding assets
  • Paying valid debts and taxes
  • Notifying beneficiaries
  • Distributing property per the trust terms
    • Trustees owe fiduciary duties of loyalty and care to beneficiaries.

Business Owners and Professionals

1What is a durable power of attorney?
How should business interests be handled in estate planning?
Business assets often require special planning: Assigning shares or membership interests into a trust Coordinating with operating agreements or buy-sell contracts Providing for successor management
Failure to plan can result in disruption, forced sales, or litigation. https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=
2Can beneficiary designations bypass probate?
Can beneficiary designations bypass probate?
Yes. Assets like retirement accounts, life insurance, and payable-on-death accounts pass directly to named beneficiaries. However, designations should align with your overall estate plan to avoid conflicts.
3Do I need a HIPAA release?

Yes. A HIPAA release ensures doctors and hospitals can share your medical information with your chosen agents. Without it, even your spouse may be denied access.
  • Collecting and safeguarding assets
  • Paying valid debts and taxes
  • Notifying beneficiaries
  • Distributing property per the trust terms
    • Trustees owe fiduciary duties of loyalty and care to beneficiaries.

Cost Questions

1What does an estate plan cost?

Costs vary based on complexity. Flat fees are common, ranging from a few thousand dollars for a standard trust package to more for complex business, tax, or asset-protection planning. Investing upfront often saves heirs significant time and money later. At the Kushner Legal Corporation, we offer flat-fee pricing for all of our estate planning services. Assigning shares or membership interests into a trust Coordinating with operating agreements or buy-sell contracts Providing for successor management
Failure to plan can result in disruption, forced sales, or litigation. https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=

LGBTQ and Chosen Family

1How can I protect my partner or chosen family?

Without documents, unmarried partners and friends generally inherit nothing and cannot act for you. Through a trust, will, and powers of attorney, you can ensure your chosen family has legal authority and financial protection. Assigning shares or membership interests into a trust Coordinating with operating agreements or buy-sell contracts Providing for successor management
Failure to plan can result in disruption, forced sales, or litigation. https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=
2Are there special considerations for transgender and nonbinary clients?

Yes. Legal documents should use correct names and gender markers, anticipate potential conflicts with unsupportive relatives, and address privacy issues. Proper planning ensures your identity and wishes are respected even in medical or legal settings. Assigning shares or membership interests into a trust Coordinating with operating agreements or buy-sell contracts Providing for successor management
Failure to plan can result in disruption, forced sales, or litigation. https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=

Multistate and Real Estate

1What if I own property in more than one state?

Without planning, you may need probate in each state where property is located (ancillary probate). A trust avoids this by consolidating ownership under California law. Local counsel may be needed for compliance in each state. Assigning shares or membership interests into a trust Coordinating with operating agreements or buy-sell contracts Providing for successor management
Failure to plan can result in disruption, forced sales, or litigation. https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=
2Do I need to retitle my home to the trust?

Yes. A recorded deed transferring property into your trust is required to avoid probate. Your attorney should also prepare a Preliminary Change of Ownership Report (PCOR) to file with the county recorder. Assigning shares or membership interests into a trust Coordinating with operating agreements or buy-sell contracts Providing for successor management
Failure to plan can result in disruption, forced sales, or litigation. https://www.courts.ca.gov/8865.htm https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=

Getting Started

1What are the steps to create a plan with Kushner Legal?
  1. Consultation – We learn your goals and circumstances.
  2. Design meeting – We recommend documents tailored to you.
  3. Draft review – You review and approve drafts.
  4. Signing – We oversee formal signing and notarization.
  5. Funding – We transfer assets into the trust and update beneficiaries.
  6. Follow-up – We assist with updates as life changes.
2How do I book a consultation?

You can call 310-279-5166, schedule online through our Contact Page, or meet with us in Beverly Hills, Palm Springs, or virtually.
Contact Kushner Legal today to schedule a consultation