
Wills vs. Trusts in California: What You Don’t Know Could Cost Your Family Everything
February 26, 2026Here’s a scenario that plays out more often than you’d think: A woman divorces in 2019. She updates her will, changes the title on her house — and feels like her affairs are in order. What she doesn’t update is the beneficiary designation on her $400,000 IRA. When she passes away five years later, her ex-husband receives the entire account. Her daughter gets nothing. The will was irrelevant. The beneficiary form controlled everything.
Estate planning isn’t a one-time event. It’s a living process — one that needs to keep pace with your life, your family, and the law. If you live in Los Angeles, Beverly Hills, West Hollywood, or Palm Springs and haven’t reviewed your estate plan in the past few years, there’s a real chance it no longer reflects your wishes — or the current legal landscape.
Life Changes That Demand an Immediate Review
Certain life events should trigger an estate plan review without delay. Marriage is one of the most commonly overlooked. Under California Probate Code §21610, a new spouse may be entitled to a share of your estate as an “omitted spouse” — but that protection is imperfect and can lead to unintended outcomes, especially in blended families. Your existing will and powers of attorney do not automatically include your new partner, and without updated documents, your spouse may lack the legal authority to make financial or medical decisions on your behalf.
Divorce is equally urgent. California Probate Code §21354 does revoke gifts and certain fiduciary appointments to a former spouse upon divorce — but it does NOT automatically update beneficiary designations on retirement accounts and life insurance. Those require a separate, affirmative step that many people miss entirely. The scenario above isn’t hypothetical. It’s one of the most common and costly estate planning mistakes in California.
Other triggers include the birth or adoption of a child, the death of a named trustee or executor, acquiring significant new assets, purchasing real estate, starting a business, or moving from another state. Each of these events can expose gaps in a plan that once seemed complete.
The Every-3-to-5-Year Rule
Even without a major life change, estate planning professionals consistently recommend reviewing your documents every three to five years. The people you named as trustees, executors, and healthcare agents may have moved, become estranged, or passed away. Your assets may have grown substantially. And the law — both state and federal — changes more often than most people realize.
In West Hollywood, Beverly Hills, and across greater Los Angeles, property values have climbed dramatically over the past decade. Many estates that once fell comfortably below California’s probate threshold now far exceed it, making a properly funded revocable trust more essential than ever. Without one, your heirs face a court-supervised probate process that is slow, expensive, and public.
New California Law May Have Changed Your Options
California’s AB 2016, signed into law in September 2024 and effective April 1, 2025, made a significant change to the state’s small estate procedures. The law raised the threshold for transferring a primary residence without full probate to $750,000 — up from $184,500. As the California Lawyers Association has noted, this change is meaningful but targeted: it applies only to a decedent’s primary residence, not investment properties, vacation homes, or other real estate. If your estate includes multiple properties or assets beyond your primary home, a revocable trust remains the most reliable way to avoid probate entirely.
The key takeaway: AB 2016 is a helpful development for some Californians, but it is not a substitute for comprehensive estate planning. It’s a court petition process — with notice requirements, waiting periods, and a judge’s involvement. A revocable trust sidesteps all of that.
Federal Tax Law Has Shifted — and Your Plan May Reflect Old Assumptions
The federal estate tax landscape changed substantially in 2025. The “One Big Beautiful Bill” signed into law on July 4, 2025, permanently raised the federal estate and gift tax exemption to $15 million per individual ($30 million for married couples) starting in 2026, with annual inflation adjustments. As Kiplinger reports, this eliminates the sunset provision that had many high-net-worth families scrambling to transfer assets before the exemption dropped.
This is good news — but it also means that estate plans drafted around the old “use it or lose it” urgency may now need restructuring. Trust provisions designed for a different tax environment may no longer serve their intended purpose. As Mercer Advisors points out, plans drafted prior to the portability rules enacted in 2011 may actually produce a detrimental tax result under current law. If your trust was written more than a decade ago, it’s worth having an estate planning attorney review it in light of today’s rules.
When a Trust Amendment Is Enough — and When You Need More
Not every update requires starting from scratch. Under California Probate Code §15402, a revocable trust can be amended at any time during the settlor’s lifetime. A trust amendment is the right tool for targeted changes — updating a beneficiary’s share, replacing a trustee, or adding a provision for a new asset or family member.
However, if your underlying plan is more than ten years old, your family structure has changed significantly, or your assets look very different than when the plan was drafted, a full trust restatement is often the cleaner and more reliable solution. It replaces the existing trust document in its entirety rather than layering on amendments — reducing the risk of contradictions and confusion during administration.
The Families Who Struggle Most Aren’t the Ones Without Plans
They’re often the ones with outdated ones. A will that doesn’t reflect your current family, a trust that was never properly funded, a Power of Attorney naming someone you no longer trust: these are the documents that create conflict, cost money, and cause lasting heartbreak.
Reviewing your estate plan is one of the most loving things you can do for the people who matter most to you.
At Kushner Legal Corporation, we serve clients throughout Los Angeles, Beverly Hills, West Hollywood, and Palm Springs with personalized estate planning reviews and updates. Whether you need a simple amendment, a full trust restatement, or a complete plan built from the ground up, we’re here to make sure your documents actually do what you intend.
Contact Kushner Legal Corporation today to schedule your estate plan review. Your family’s security is worth an hour of your time.
Kushner Legal Corporation serves clients throughout Los Angeles, Beverly Hills, West Hollywood, and Palm Springs, California, providing comprehensive estate planning services including revocable trusts, wills, Powers of Attorney, trust amendments, and probate administration.




