Death is inevitable. We don’t know when it will come, but we know it will happen. Because of that certainty, there’s also the certainty that what we own (our home, vehicles, bank accounts) will one day pass to someone else. That’s where estate planning becomes important. It allows people to decide how, and to whom, their property will be transferred, and in a way that reflects their goals and protects their families.
An estate planning attorney helps clients identify those goals and turn them into a workable plan. For some, the goal is to provide financial security for loved ones; for others, it may be to support charitable causes or maintain a family business. Whatever the purpose, effective planning gives structure to those intentions and minimizes the confusion, delay, and expense that can follow when no plan is in place.
Nevertheless, despite effective counsel or the best intentions of individuals attempting to DIY their own forms, estate planning isn’t always straightforward. Even with clear laws and well-drafted documents, the process depends on people and their attitudes, resources, and circumstances. What looks simple in principle often becomes complicated in practice. Over the years, several recurring issues have proven to be the main obstacles to effective planning. Understanding these challenges helps explain why some plans succeed while others can lead to trust litigation later on.
Client Attitude Toward Estate Planning
People come to estate planning from very different places. Some clients are proactive and organized; others are reluctant, skeptical, or reticent to disclose assets and finances. A spouse or adult child may have pushed them into it. Some can talk about death and money comfortably, while others can’t.
That hesitation matters. When clients hold back information, including information about family tension, loans to children, or property they co-own, it’s easy to miss something important. A good estate planning lawyer learns to draw those details out early so the plan fits the client’s reality, not a skewed version of it.
Costs That Affect a Client’s Options
Cost is one of the biggest obstacles. In California, probate is expensive because attorney and executor fees are fixed by statute and based on the gross value of the estate (Probate Code § 10810) rather than net equity. Accordingly, even a modest home in Sacramento worth $750,000 can trigger more than $36,000 in combined statutory fees between the probate attorney and executor, not counting court costs.
That’s why planning ahead makes financial sense. Setting up a revocable living trust and related documents costs far less and often avoids probate entirely. Still, some clients hesitate to spend money on legal work, not realizing that a small investment now can prevent far greater costs later.
California law does provide simple processes to transfer property for smaller estates that avoid formal probate. The dollar limits for what is considered small estate has been adjusted for inflation on April 1, 2025. If a decedent died on or after this date:
- Personal Property: Assets worth up to $208,850 can transfer by affidavit without formal probate (Prob. Code § 13100).
- Primary Residence: Real property qualifying as a primary residence worth up to $750,000 may qualify for a simplified court petition (Prob. Code § 13151).
- Small Real Property: Other real property interests worth up to $69,625 can be transferred via affidavit (Prob. Code § 13200).
These procedures help some families, but most California homeowners exceed those limits, so a revocable living trust is still the surest way to keep property out of probate.
Keeping the Plan Current
Even a well-written plan can become outdated. People refinance property, open new accounts, or experience major life changes like marriage or divorce. In California, when a marriage ends, Probate Code § 6122 generally revokes provisions in a will that leave property to a former spouse or name that spouse as executor or trustee—unless the will clearly states those provisions should remain in effect. But that rule applies only to wills; it doesn’t change trusts, beneficiary designations, or jointly owned assets. Reviewing the plan after major life events helps ensure everything still reflects the client’s wishes.
Moreover, clients sometimes forget to add new assets to the trust or update beneficiary designations. Years later, that oversight forces the family back into court. Periodic check-ins with the estate planning attorney can prevent those gaps and make sure the plan still matches the client’s life.
Preventing Exploitation
Older clients, and those who depend on others for daily help, can be targets for financial abuse. California law defines undue influence in Welfare and Institutions Code § 15610.70, and trustees and agents owe duties of loyalty and care under Probate Code §§ 16002–16004.
Many instances of undue influence happen by someone already in a position of trust. The best prevention is thoughtful planning: choosing responsible fiduciaries, limiting powers where appropriate, and making sure the right people have oversight. Attorneys see these patterns often and can spot warning signs that clients might miss.
Capacity and Communication
Estate planning only works if the person signing the documents understands what they’re doing. Under Probate Code § 6100.5, a person must grasp the nature of their property, their relationships, and the effect of their decisions. Attorneys pay close attention to this, especially with older clients.
Equally important is explaining the plan clearly. Family disputes usually arise not from unfair distributions but from surprise. When clients are comfortable sharing their intentions, misunderstandings, and litigation, tend to disappear.
Property in Other States
Many Californians own a vacation homes or timeshares outside the state. Without planning, those properties may require separate probate proceedings where they’re located. A coordinated plan avoids that and keeps administration in one place. It’s a small step that saves a great deal of hassle later.
Estate Planning Consultation
A sound estate plan gives families direction, reduces expense, and keeps decisions in their hands rather than the court’s. That’s the real purpose of estate planning, and why taking care of it now is one of the best gifts a person can leave behind.
To schedule your estate planning consultation, call attorney Jin Kim at (916) 299-9913 Monday through Friday from 9 AM to PM.