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The Law Corner BLOG — News, Tips, and Resources


Welcome to The Law Corner – your go-to resource for insights on estate planning, trust administration, probate, and business law. Stay informed with expert tips, legal updates, and practical guidance to help you navigate important decisions with confidence. Whether you're planning for the future or managing legal affairs, The Law Corner is here to provide clarity and valuable resources.

Disclaimer: The information provided on The Law Corner is for general informational purposes only and should not be considered legal advice. Reading this blog does not create an attorney-client relationship with Devey Law, A Professional Law Corporation

7 Signs Your California Estate Plan May Be Outdated — And What To Do About It

Your estate plan should reflect your life—not your past. If you’ve experienced changes in relationships, assets, or the law, your plan might be outdated. In this blog, we walk through 7 signs your California estate plan may need a refresh and how to keep it working for you and your loved ones.

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Should You Include Your IRA or 401(k) in Your Estate Plan?

Including your IRA or 401(k) in your estate plan isn’t about changing ownership now—it’s about making sure your beneficiary designations align with your overall plan. Without proper coordination, your retirement accounts could trigger unnecessary taxes, delays, or even court involvement. This blog explains when to name individuals, when a trust may make sense, and how to protect your loved ones under the SECURE Act’s 10-year rule.

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Planning for Minor Children: Guardians, Trusts, and Protecting Your Child’s Future

Planning for your children’s future isn’t just about finances—it’s about ensuring they’re raised by the right people and supported with the resources they need. If you have minor children, estate planning means making critical decisions now so a judge doesn’t make them for you later. In California, parents can legally name guardians, set up trusts to protect a child’s inheritance, and avoid costly court involvement through thoughtful planning. This guide walks you through what happens if you don’t name a guardian, how to do it legally, and how trusts can provide both structure and security for your child’s future—giving you peace of mind that your children will be cared for, no matter what.

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Understanding Irrevocable Trusts in California Estate Planning

Irrevocable trusts are powerful tools in California estate planning, offering asset protection, tax minimization, and long-term care planning opportunities. Unlike revocable trusts, these trusts cannot be altered once created—making them ideal for safeguarding wealth, preserving Medi-Cal eligibility, and supporting loved ones with special needs. In this article, Devey Law explores when irrevocable trusts make sense, how they work, and what to consider before including one in your estate plan.

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What Happens to Non-Primary Residences Under California’s New Small Estate Laws?

As of April 1, 2025, California’s updated small estate laws streamline probate for primary residences — but leave non-primary real estate, like rentals, vacation homes, and vacant land, in a tricky spot. Under the new rules, if non-residential property is valued over $69,625, heirs may no longer use simplified procedures and could face full probate. Learn how this change impacts families and what planning steps can help avoid unnecessary court proceedings.

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Prop 19 Changed Everything: Estate Planning Strategies for California Homeowners

Proposition 19 has drastically changed how real estate is inherited in California—especially when passing property to children or grandchildren. What was once a straightforward way to preserve low property taxes within families is now a complex process with strict deadlines, residency requirements, and value caps. If your estate plan involves real estate, this law could have significant financial consequences. Learn how Prop 19 affects parent-child transfers, why many older plans are now outdated, and what you can do to protect your family’s home and legacy.

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Should You Let Your Successor Trustee Remove You Without a Doctor’s Certification for Incapacity?

Estate planning often involves preparing for the possibility that you may one day become unable to manage your own affairs. In California, a well-crafted revocable living trust includes provisions for what happens if the person who created the trust (the settlor) becomes incapacitated. A key question is how to determine incapacity: Should your successor trustee be allowed to declare you incapacitated and take over without a doctor’s certification?

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Trust vs. Durable Power Of Attorney in California Incapacity Planning

Incapacity can happen when you least expect it. In California, both a revocable living trust and a durable power of attorney (DPOA) can help avoid court involvement and ensure someone you trust can manage your affairs. But not all trusts include the right provisions for incapacity. This blog explains how these two tools work, their key differences, and why having both—properly drafted—is essential for a complete incapacity plan.

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Big Changes to California’s Probate: How New Law Can Help Your Family Avoid Court

Starting April 1, 2025, California’s changed AB 2016 law brings significant changes to probate, especially for small estates and primary residences. This update simplifies the probate process, allowing estates with a primary residence under $750,000 to bypass court procedures. Learn how these changes affect estate planning and why it's still essential to have an estate plan in place to protect your assets and loved ones.

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Pet Trusts in California: Ensuring a Secure Future for Your Pets

Your pets are part of your family—so what happens to them if you’re no longer around? A Pet Trust ensures your furry companions receive care, love, and financial support according to your wishes. In California, Pet Trusts are legally enforceable, providing peace of mind that your pet’s well-being will always be a priority.

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What is Estate Planning and Why is it Important?

Estate planning is essential for protecting your assets, loved ones, and legacy. From wills and trusts to powers of attorney and healthcare directives, a well-crafted estate plan ensures your wishes are honored and helps avoid probate.

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