Estate Planning Attorney in Huntington Beach, CA
Maybe you have owned your home near Huntington Central Park since your children were small, keep a boat in Huntington Harbour or just became a parent in Surf City. Either way, an estate plan decides who receives your property, who manages it for your family and who decides for you if you can’t. The Soto Law Group prepares new plans for Huntington Beach residents and updates plans written years ago.
If you die with no will or trust, California law picks your heirs for you, and if your children are minors, the Orange County Superior Court picks the person who will raise them. A plan keeps both of those decisions in your hands.
Learn more about our estate planning services.
What a Complete Plan Includes
- Revocable living trust: holds your house and investments, then lets your successor trustee pass them on without probate.
- Pour-over will: sweeps leftover assets into the trust and nominates a guardian for minor children.
- Durable power of attorney: lets a trusted person handle your finances if you become unable to.
- Advance health care directive and HIPAA release: record your medical wishes and name the person who will speak for you.
- Child protection plans and guardian nominations: put your choice of guardian, and your guidance for raising your children, in writing.
- Special needs trusts: set aside money for a family member with a disability while preserving their eligibility for public benefits.
- Business succession and asset protection: plan who takes over a family company and how your holdings are structured.
Planning Around a Home You Bought Decades Ago
If you bought your Huntington Beach house a generation ago, the way it passes to your children can change how much tax they pay.
- Income tax. Property that passes at your death generally receives a fresh tax basis at its value when you die, which can wipe out much of the gain built up over your ownership if your children later sell. A home given away during your lifetime generally keeps your original basis instead.
- Community property. If you are married and the home is community property, the entire value can be stepped up when the first spouse dies, not only that spouse’s half. How your deed describes your ownership matters, so we review it.
- Property tax. Proposition 19 generally triggers a reassessment when a parent’s home goes to a child, unless the child moves in and makes it their primary residence, and even that exclusion has a cap. If one child plans to live there and the others don’t, your plan can address fairness among them.
When Your Trust Was Written Years Ago
A trust signed long ago can still be valid and still miss the mark. Common reasons to update one include:
- The successor trustee you named has died, moved away or is no longer the right choice.
- Grandchildren have been born, a child has married or divorced, or a beneficiary has passed away.
- You bought, sold or refinanced property, and the deeds or account titles no longer match the trust.
- The trust was drafted under older tax rules, including the parent-to-child property tax rules that Proposition 19 replaced.
Small changes can often be made by amendment. For many changes, a restatement rewrites the terms while keeping the original trust, so property already titled to it stays put.
Harbor Homes, Boats and Property Outside California
A trust only controls what it owns. A Huntington Harbour home should be deeded to it, and a boat kept at a local marina should be transferred to it too, since the boat has its own title. Real estate in another state that is left out of the trust may need a separate ancillary probate there.
Frequently Asked Questions About Estate Planning in Huntington Beach
Should I put my children on the deed to my house?
Usually not. Adding a child to title is generally treated as a gift of that share, so the child takes your original basis in it and misses the step-up that would otherwise apply at your death. A living trust can avoid probate without those drawbacks.
My trust was signed decades ago. Is it still valid?
Generally, yes. A trust doesn’t expire with age. What matters is whether its terms still fit your family and whether your property is actually titled in its name.
How can I leave money to grandchildren who are still minors?
Leave it through a trust. Money left outright to a minor may require a court-supervised guardianship to manage it, and the child can take full control at 18. With a trust, you pick the person who handles the money and decide when each grandchild receives it.
Why Work With The Soto Law Group
Our firm settles trusts and estates as well as writing them, so we see firsthand which provisions help a trustee and which cause trouble years later. Attorney Romelia “DeDe” Soto works with planning clients directly, and her more than 20 years of legal experience shape each plan we prepare.
Related Services in Huntington Beach
Estate Planning in Other Locations
Directions to Our Office From Huntington Beach
Review or Start Your Estate Plan
To create a new plan or have us look over the one you already have, call (949) 945-0059. You can also contact us online.