|
Robert E. Williams
|
Who We AreAttorney Bob Williams has been practicing law here on the peninsula for 48 years.
He enjoys getting to know you and your family in order to help you formulate the best plan to meet your desires and needs. Retired from downtown Monterey, August 2023. Learn more about Bob Williams, read his client letters on charitable giving and organ donation, or browse the estate planning articles. |
Legal Services ProvidedESTATE PLANNING
PROBATE Wills - for those starting out in life who have not yet acquired much of an estate and whose assets would not be subject to probate on death. Revocable Living Trusts - for nearly everyone who owns their own home or other substantial assets or has children. Living trusts avoid the expenses associated with prolonged probate court and prolonged grief through the process. Powers of Attorney (financial and health care) - for everyone. Lifetime giving - to family or other loved ones. Charitable giving - during one's life directly to charitable organizations or through charitable trusts (see the Charitable Giving essay also on this website, and planned giving options). Trust Administration - administering and terminating living trusts after death. Special Needs Trusts - for those receiving government benefits. NON-PROFIT ORGANIZATIONS Forming non-profit organizations through the California Secretary of State's office and obtaining tax exempt status from the IRS and the California Franchise Tax Board. Advising such organizations once formed. |
Estate Planning Questions & Answers
Do I need a will or a living trust?
Both let you decide who receives your property and who manages it. A will usually has to go through probate court if your estate is above California's small-estate limits, while a funded revocable living trust lets a successor trustee settle your affairs privately, without probate. Many California homeowners and parents choose a trust plus a "pour-over" will. Read Will vs. Living Trust in California.
What happens if I die without a will in California?
Your property passes under California's intestate succession rules. A surviving spouse or registered domestic partner receives your community property, and your separate property is divided among your spouse and other relatives according to a formula in the Probate Code. A court appoints an administrator, and if you have minor children, a judge decides who will raise them. See the California probate process, step by step.
What documents make up a complete estate plan?
A typical plan includes a revocable living trust or a will, a durable power of attorney for finances, an advance health care directive, a HIPAA authorization, and up-to-date beneficiary designations on retirement accounts and life insurance. Parents of minor children also nominate a guardian in their will.
Does California have an estate or inheritance tax?
No. California has no estate tax, inheritance tax or gift tax. The federal estate tax applies only to estates above the federal exemption, which is $15 million per person in 2026. Income tax rules, such as the "step-up" in basis for inherited assets, still matter. Learn more in lifetime gifts and the 2026 annual exclusion.
How often should an estate plan be reviewed?
Every three to five years, and after any major life event: marriage, divorce, the birth of a child or grandchild, a death in the family, a move to or from California, buying or selling a home, or a significant change in assets or tax law.
Estate Planning Articles
Practical guides to California estate planning, probate, trusts, special needs planning, charitable giving and nonprofit law:
- Will vs. Living Trust in California: Which One Do You Need?
- How to Fund Your Living Trust (and Why It Matters)
- The California Probate Process, Step by Step
- Avoiding Probate for Small Estates in California (2026 Limits)
- Successor Trustee Checklist: Administering a Trust in California
- Special Needs Trusts in California: Protecting SSI and Medi-Cal
- How to Start a Nonprofit in California