Estate Planning Questions — Answered

You die "intestate," and California's intestate succession laws (Probate Code §§ 6400–6455) control who inherits your estate. Assets pass to your closest relatives in a fixed legal order — surviving spouse, children, parents, siblings, and so on — regardless of your actual wishes. The probate court appoints an administrator to manage distribution. If you have minor children, a judge determines their guardian rather than you.

A pour-over will is a companion document to your living trust that directs any assets left outside the trust at your death to "pour over" into the trust and be distributed according to its terms. It is a safety net for assets you forgot to transfer, accounts opened after the trust was created, or property that cannot be held in trust during your lifetime. Without a pour-over will, untitled assets could pass through intestate succession — contrary to your wishes. If those stray assets exceed the $208,850 threshold, they will still need to go through probate before entering the trust, which is why funding your trust during your lifetime matters equally.

Yes. A revocable living trust can be amended or fully revoked at any time while you are alive and have legal capacity. You can update beneficiaries, swap successor trustees, add or remove assets, or dissolve the trust entirely. Changes should be documented through a formal trust amendment — not handwritten notes on the original document. For significant overhauls, a full trust restatement is cleaner. Once you pass away, the trust becomes irrevocable and its terms govern distribution. Major life events — marriage, divorce, birth of a child, significant asset changes — are triggers to review your plan.

A durable power of attorney (DPOA) authorizes someone you trust (your "agent") to manage your financial affairs if you become incapacitated — paying bills, managing accounts, handling real estate transactions. In California, a DPOA must be executed before a notary or two witnesses (Probate Code § 4121). Without one, your family may need to petition the probate court for a conservatorship of the estate (a costly, months-long court proceeding) just to keep the lights on while you are alive but unable to act. A properly drafted DPOA eliminates that risk entirely.

An advance health care directive (AHCD), sometimes called a living will or health care proxy, designates a trusted person as your health care agent and documents your treatment preferences for situations where you can no longer speak for yourself. In California, AHCDs are governed by the Health Care Decisions Law (Probate Code §§ 4600–4806). It can specify your preferences on life-sustaining treatment, organ donation, resuscitation, and end-of-life care. Without one, medical providers may be legally limited in following your wishes, and family members may face costly, disputed decisions about your care - often at the worst possible moment.

Estate planning fees vary based on complexity, the number of beneficiaries, and any special needs considerations such as special needs trusts or business succession. Duisters Giarratano provides clients with comprehensive, tailored plans - not the same templates for each client. We provide clear, upfront pricing at your consultation. For comparison: on an $800,000 estate, California statutory attorney fees alone run $19,000 - before court costs, executor fees, or delays. Proper planning nearly always costs a fraction of what probate would, and it protects your family far more effectively. It’s worth the investment.