Estate Planning Attorney in Irvine, CA
Whether you just bought your first home in Portola Springs, are raising children in Woodbridge or are building a business near the Spectrum, an estate plan is how you decide what happens to the people and property you care about. The Soto Law Group helps Irvine families create clear, up-to-date plans under California law, so the important decisions stay with your family instead of a court.
Without a plan, California’s intestacy rules decide who inherits, and a judge in the Orange County Superior Court decides who raises your minor children. A plan lets you make those choices yourself. Learn more about our estate planning services.
What an Irvine Estate Plan Usually Includes
- Revocable living trust: holds your home and major assets so they can pass to your family without probate.
- Pour-over will: catches any assets left outside the trust and names guardians for minor children.
- Durable power of attorney: names someone you trust to handle your finances if you can’t.
- Advance health care directive and HIPAA authorization: name who makes medical decisions for you and who can speak with your doctors.
- Guardian nominations and child protection plans: name who would raise your children, and back that choice up with clear instructions.
- Special needs trusts: provide for a loved one with a disability without affecting their public benefits.
- Business succession planning: decide who runs and who owns your business if you can’t.
Why a Trust Matters for Irvine Homeowners
With Irvine home values, a house alone usually puts an estate well over the limit for California’s simplified small-estate procedures. That means a home left by will, or with no plan at all, typically goes through probate. California’s statutory probate fees are based on the gross value of the estate, not the equity, so a home with a large mortgage can still produce significant fees. A funded revocable living trust lets your successor trustee transfer or sell the home privately, without a court case.
Planning for Young Families
If you have children under 18, two decisions matter most. The first is who would raise them; you name that guardian in your will. The second is how their inheritance is managed. Without a trust, a court-supervised guardianship may be needed to manage the money, and your child can receive everything outright at 18. A trust lets you choose who manages the funds and the age, or ages, at which your children receive them.
Planning for Irvine Business Owners
Irvine is home to professional practices, family companies and startups. If you own one, your estate plan should say who makes decisions if you are incapacitated, how your ownership passes when you die, and how any partners or co-owners are bought out. Without that planning, a business can stall at the moment it most needs leadership.
Community Property and Irvine Couples
California is a community property state, so most assets acquired during marriage belong equally to both spouses. Community property can also receive a full step-up in tax basis when the first spouse dies, which can reduce capital gains tax for the surviving spouse. If you moved to Irvine from another state or own property outside California, your plan should account for how those assets are titled.
Frequently Asked Questions About Estate Planning in Irvine
Do I need a trust if I own a home in Irvine?
Usually, yes. Because Irvine home values are well above California’s small-estate limit, a home that isn’t held in a trust will typically need to go through probate. A properly funded living trust avoids that.
How often should I update my estate plan?
Review it every three to five years, and after any major change: a marriage, divorce, new child, move, business sale or significant change in your assets.
Can I name a guardian who lives outside California?
Yes. You can nominate anyone you trust. The court makes the final decision based on your child’s best interests, but it gives strong weight to the guardian you name.
Why Work With The Soto Law Group
Attorney Romelia “DeDe” Soto has more than 20 years of legal experience and works with each client personally. Because our team also administers trusts and estates, we draft plans with a clear view of how they will work when your family needs them.
Related Services in Irvine
Estate Planning in Other Locations
Directions to Our Office From Irvine
Start Your Estate Plan
Call our Newport Beach office at (949) 945-0059 or contact us online to schedule your estate planning consultation.