Attorney Lisa Golshani discusses choosing a trustee in California and what you need to consider when making this very important decision. choosing a trustee in California

Choosing the Right Trustee for Your Family

by Estate Planning

Imagine the people you love most gathered after you are gone, and one of your children now holds the checkbook for the others. That single choice, who you name as trustee, can either hold your family together or quietly pull it apart. Many parents simply pick their oldest child because it feels natural, and we understand the instinct. Still, it is one of the most important decisions in your entire plan, and it is worth slowing down to get it right. Let’s go through what you need to consider.

First, what does a trustee actually do?

Quite a lot. They gather the assets, pay debts and taxes, keep careful records, keep everyone informed, and follow the trust’s instructions exactly. It is genuinely a job, and mistakes can fall on the trustee personally. That is worth knowing before you ask someone to take it on.

Once you understand the weight of the role, the next question is who should carry it. Most families have three options to weigh, and each comes with real advantages and real trade-offs. Let’s look at them one at a time.

Should you name a family member?

The comfort here is real: Someone who knows the family and serves out of love, usually without a fee. The harder part is that the same person becomes both a referee and a player. When one sibling controls the money and the timing, an ordinary delay can feel like a slight, even when nothing is wrong. A caring relative can also feel buried by tax forms they have never seen before.

What about a professional or corporate trustee?

The advantage here is neutrality and experience. A professional treats every family member the same way, follows the document instead of old history, and knows the paperwork well. The trade-off is a fee and a little less personal warmth. For many families, that trade buys a peace of mind that is worth far more than the cost.

Can you combine both?

You do not have to choose all or nothing. A relative can serve alongside a professional, or with a simple requirement to share yearly accountings and to bring in experts for taxes. Your loved one keeps the personal role, and the structure quietly provides the transparency that prevents suspicion.

So how do you decide?

Take an honest, clear-eyed look at your own family. If everyone gets along and one person is organized and fair, a relative may do beautifully with a little support. If there is tension, real money, or a long history of comparison, a neutral trustee often protects the relationships better than a relative could.

A trust is only as good as the person who carries it out, and there is no shame in wanting help with this choice. Thinking it through carefully is one of the kindest things you can do for the people you leave behind. If you are setting up or updating a trust, we would be glad to help you choose a trustee in California who will protect your family rather than divide it. Call our office at 818-334-2805 to talk it through.

Calabasas estate planning attorney

When an Heir Dies Before You Do: What a Calabasas Estate Planning Attorney Wants You to Know

by Estate Planning

Estate plans are built around assumptions. The assumption that your spouse will be there. That your sibling will outlive you. That the person you named as your primary beneficiary fifteen years ago will still be alive to receive what you left them.

Sometimes those assumptions don’t hold.

When a named heir predeceases you and your plan doesn’t account for it, the outcome depends entirely on how your documents are written and whether your state’s laws step in to fill the gap. As a Calabasas estate planning attorney, I want to walk you through what actually happens in this situation, because the answer is rarely what families expect.

What Happens to a Gift When the Recipient Is Already Gone?

When a beneficiary dies before you do, the gift they were supposed to receive is said to lapse. What happens next depends on several factors: how the gift was structured, whether your documents named a contingent beneficiary, and what your state’s laws say about this exact situation.

If you named a specific person and only that person, with no backup named, that share of your estate may fall into what is called the residuary estate, the catch-all portion of your plan that covers assets not otherwise directed. If your residuary beneficiary is also gone, the situation becomes more complicated still.

What Are Anti-Lapse Statutes and Do They Apply?

Most states have anti-lapse statutes, which are laws designed to prevent an unintended outcome when a beneficiary predeceases the person who made the will. In many cases, these statutes allow the deceased beneficiary’s share to pass automatically to their descendants instead of lapsing entirely.

However, anti-lapse statutes do not apply universally. They typically cover only certain categories of relatives, most commonly descendants and siblings, and they do not always extend to friends, stepchildren, or more distant relatives. A Calabasas estate planning attorney can tell you exactly how your state’s statute applies to the people named in your documents.

Why “Per Stirpes” Language Matters

One of the most effective ways to plan for this possibility is through per stirpes distribution language. When a gift is left per stirpes, it means that if a beneficiary predeceases you, their share passes down to their own children rather than disappearing or being redistributed elsewhere. It is a simple designation that can prevent significant unintended consequences.

If your documents don’t include this language, or if you’re not sure whether they do, that is worth reviewing.

A Scenario Worth Considering

Imagine you created your estate plan twenty years ago and named your brother as a primary beneficiary. He passed away five years ago. You meant to update your plan but never got around to it. Depending on your state’s laws and how your documents are written, his share might pass to his children, fall into your residuary estate, or become subject to a legal process that no one anticipated. None of those outcomes may reflect what you actually wanted.

The Fix Is Simpler Than the Problem

Naming contingent beneficiaries, reviewing your plan after a significant loss, and using clear distribution language are all straightforward steps that prevent a great deal of confusion later. The issue is not complexity. It is simply that most people don’t revisit their plan when someone they love passes away.

If you have lost someone named in your estate plan and have not updated your documents, we invite you to schedule a consultation with our office. Call us at 818-334-2805, and let’s make sure your plan still reflects your intentions.

LA County estate administration

The Storage Unit Nobody Knows What to Do With: Advice from a North LA County Estate Administration Attorney

by Estate Planning

Most families have one. Sometimes it’s a storage unit across town. Sometimes it’s a garage, a spare bedroom, or a basement packed floor to ceiling with decades of accumulated belongings. Things that were too meaningful to donate, too plentiful to sort through, and too overwhelming to deal with at the time.

When the person who rented that unit passes away, the belongings don’t go anywhere. But the monthly bill keeps coming, and suddenly the estate is paying for a problem no one has the emotional bandwidth to solve.

As a North LA County estate administration attorney, I want to address this honestly, because it comes up more often than you might think, and it costs families more than just money.

Why Does This Become Such a Problem?

The contents of a storage unit often exist in a kind of sentimental limbo. No one actively wants the items, but no one feels authorized to let them go either. One sibling worries that something valuable might be buried in the boxes. Another feels that disposing of anything would be disrespectful. A third lives out of state and can’t get there to look through it. Meanwhile, the estate is paying rent on a unit full of things that may ultimately go to an auction house or a dumpster anyway.

The paralysis is understandable. The cost of it is real.

What Authority Does the Executor Actually Have?

The executor or personal representative of the estate has the legal authority and responsibility to address personal property, including the contents of a storage unit. They are not required to wait indefinitely for every heir to reach consensus. Their job is to administer the estate efficiently and in accordance with the decedent’s wishes, and that includes making practical decisions about belongings when the family cannot.

If you are currently serving as an executor in this situation, working with a North LA County estate administration attorney can help you understand exactly what your authority permits and how to document your decisions properly.

What Are the Practical Options?

An estate sale company is often the most efficient first step. A professional can assess the contents quickly, identify anything of actual value, and manage the sale process without requiring family members to be present for every decision. What doesn’t sell can be donated, auctioned, or removed by a junk service.

The goal is not to be callous about someone’s belongings. It is to recognize that an unresolved storage unit is an ongoing expense and an emotional anchor that keeps families from moving forward.

What Can You Do in Your Own Planning to Prevent This?

This is where the conversation shifts from estate administration to estate planning, and it is worth having before you are gone.

A letter of instruction, separate from your will or trust, can address your storage unit or accumulated belongings directly. You can give your executor explicit permission to make disposal decisions without requiring family agreement. You can identify anything you want to go to a specific person and release everything else. That kind of clarity is a genuine gift to the people you leave behind.

Even better, dealing with the storage unit while you are still able is one of the most practical things you can do for your family. It sounds unglamorous. It is also one of the kindest.

If you are administering an estate that includes unresolved personal property, or if you want to address this in your own plan before it becomes someone else’s burden, we invite you to schedule a consultation with our office to discuss your situation.

Calabasas trust lawyer

What Happens to Your Stock Market Investments When You Transfer Them Into a Living Trust?

by Estate Planning

If you have a brokerage account or investment portfolio and you are thinking about creating a living trust, this is one of the most practical questions you can ask. And as a Calabasas trust lawyer, it is one I am glad to answer, because the answer is genuinely reassuring for most people.

The Short Answer: Not Much Changes

Transferring investments into a living trust does not mean selling them, liquidating your portfolio, or triggering a taxable event. In most cases, the assets simply move from your name individually into the name of your trust. The investments themselves stay exactly as they are.

Your stocks, mutual funds, ETFs, and bonds continue to be held in the same brokerage account. They continue to grow, earn dividends, and fluctuate with the market just as they always did. The only thing that changes is the legal ownership structure, and that change is exactly the point.

Why the Ownership Structure Matters

When investments are held in your name alone, and you pass away, those assets typically have to go through probate before they can be distributed to your heirs. That means court involvement, public records, potential delays of months or longer, and fees that eat into the very portfolio you spent years building.

When those same investments are held inside a living trust, they pass directly to your beneficiaries according to your instructions, without court supervision, without public disclosure, and without the wait. Your heirs get access to the funds when they actually need them, not when the court gets around to it.

What About Taxes?

This is where a lot of people get nervous, and understandably so. The good news is that transferring investments into a revocable living trust has no immediate tax consequences. The IRS still treats the assets as yours during your lifetime. You continue to report dividends and capital gains on your personal tax return exactly as you did before. Your cost basis on each investment remains unchanged.

The trust becomes its own tax entity only after you pass away, at which point your Calabasas trust lawyer and your financial advisor can work together to ensure distributions are handled in the most tax-efficient way possible for your beneficiaries.

What About Accounts With Named Beneficiaries?

It is worth noting that some investment accounts, particularly IRAs and 401(k)s, are generally not transferred directly into a trust. These accounts have their own beneficiary designation rules, and naming a trust as the beneficiary of a retirement account requires careful planning to avoid unintended tax consequences. This is an area where getting professional guidance is especially important before making any changes.

For standard taxable brokerage accounts, however, the transfer process is usually straightforward. Your brokerage will have a process for retitling the account in the name of your trust, and your Calabasas trust lawyer can provide the documentation they need to make it happen.

The Bottom Line

Putting your investments into a living trust does not disrupt your portfolio or your tax situation. What it does is make sure those assets get to the right people, efficiently and privately, without the cost and delay of probate.

If you have questions about how your specific investments would be affected, we invite you to give us a call at 818-334-2805 and schedule a consultation. Let’s make sure your portfolio is protected the same way the rest of your estate is.

Calabasas trust administration lawyer

I’m Already a Trustee for My Parents. Can I Have My Own Living Trust at the Same Time?

by Estate Planning

This is a question that comes up more than you might expect, and it is a genuinely good one. The short answer is yes, absolutely. But the longer answer is worth understanding, because the two roles are more separate than most people realize.

Two Trusts, Two Completely Different Roles

When you are serving as trustee for your parents’ trust, you are acting on their behalf. You are managing their assets, following the instructions they put in place, and fulfilling a legal duty to them as the people who created that trust. It is a position of responsibility, not ownership.

Your own living trust is an entirely different matter. As a Calabasas trust administration lawyer, one of the first things we clarify for clients in this situation is that being a trustee for someone else has no bearing whatsoever on your ability to create and manage your own trust. These are independent legal structures with no conflict between them.

You Can Be Trustee of Your Own Trust

In fact, in most revocable living trusts, the person who creates the trust (called the grantor) also serves as their own trustee during their lifetime. That means you are in complete control of your own assets, managing them just as you always have, simply under a legal structure that protects them and ensures they pass efficiently to your beneficiaries when the time comes.

So in this scenario, you could simultaneously be serving as trustee of your parents’ trust while also serving as the trustee of your own. The roles run parallel to each other and do not interfere.

What You Do Want to Keep Straight

While there is no legal conflict in holding both roles, there is one practical discipline worth taking seriously: keeping the assets and administration of each trust completely separate.

Your parents’ trust assets are not yours to commingle with your own, even temporarily, even with the best of intentions. Separate records, separate accounts, and separate decision-making for each trust is not just good practice; it is a legal obligation of your fiduciary duty to your parents.

Working with a Calabasas trust administration lawyer while serving in multiple trustee roles helps you stay organized, document your decisions properly, and protect yourself from any future questions about how each trust was handled.

A Moment Worth Recognizing

If you are serving as trustee for your parents while also thinking about your own estate plan, that says something important about you. You are someone who understands firsthand how much these documents matter and how much work goes into honoring someone else’s wishes. That experience makes you better prepared than most to make thoughtful decisions about your own plan.

Don’t let the busyness of managing your parents’ affairs become the reason your own plan gets pushed to the back burner. Your family deserves the same protection you are working to provide for them.

Let’s Get Your Plan in Place

If you are ready to establish your own living trust while navigating your responsibilities as a trustee for your parents, we are here to help you do both with clarity and confidence. Reach out to our office and schedule a consultation with a Calabasas trust administration lawyer, and let’s make sure everyone in your family is protected, including you.

San Fernando Valley estate attorney

The #1 Mistake New Executors Make at the Bank (and How to Avoid It)

by Estate Planning

If you’ve recently been named the executor of a loved one’s estate, you are probably running on autopilot. Between making arrangements and notifying family, the last thing on your mind is navigating a bank’s bureaucracy.

But there is one step that, if skipped or delayed, can create a serious legal and financial headache for you personally: Opening the estate bank account.

The Danger of “Doing It Later”

It is tempting to pay a few final utility bills or deposit a small refund check using your personal account, planning to sort it out later.

Don’t. In the eyes of the court, this is called commingling, and it is the fastest way to lose the trust of beneficiaries or find yourself personally liable for estate debts. The estate’s money needs to live in its own dedicated account, completely separate from yours, from day one.

Why the Bank Might Turn You Away

Most people walk into a branch with a death certificate and expect to walk out with an account. It is rarely that simple. Banks are highly regulated and require specific court-validated documents before they can grant you access to an estate account.

This is where working with a San Fernando Valley estate attorney early makes a real difference. Without the correct court orders, specifically your Letters Testamentary and a properly obtained EIN, the bank cannot move forward, and neither can you.

What You’ll Need to Bring

To make your trip to the bank successful on the first visit, you will typically need the following:

  • A certified copy of the death certificate (not a photocopy).
  • Your Letters Testamentary, the official probate court document naming you as the authorized executor.
  • The estate’s EIN, which functions like a Social Security number for the estate itself.
  • Your personal ID to confirm you are the person named in the court documents.

Getting these pieces together correctly and in the right order is something a knowledgeable San Fernando Valley estate attorney can help you move through efficiently.

Protect Your Peace of Mind

Opening this account creates a clear, documented paper trail from the start. That trail is your best protection if a creditor or a frustrated family member ever questions how the estate was handled.

You do not have to guess at the requirements or wrestle with the paperwork on your own. We help families navigate these early steps every day, making sure you have exactly what the bank needs so the process keeps moving forward without unnecessary delays.

If you are ready to move forward with confidence, we invite you to reach out and schedule a consultation. Let’s make sure this is handled correctly from day one

probate process in the San Fernando Valley

Can Probate Be Expedited? Understanding the Probate Process in the San Fernando Valley

by Probate

In the intricate world of legal proceedings, the probate process can often be lengthy and stressful. Understanding whether the probate process in the San Fernando Valley can be expedited is crucial, especially when time-sensitive financial concerns arise. This inquiry can help alleviate unanswered questions that may add to the emotional burden during an already challenging time.

Why does probate take so long?

Probate is a systematic process involving the court-supervised distribution of a deceased person’s assets. It includes validating the will, appraising the estate, and settling debts. Typically, it can take several months to over a year to complete. Delays often occur due to incomplete documents, disputes among beneficiaries, or extensive assets that require detailed accounting. For example, in instances where property deeds are not clear, additional paperwork and approvals can prolong the process significantly.

What happens when a will is uncontested in the San Fernando Valley?

If a will is uncontested, the probate process can be relatively quicker. When beneficiaries are in agreement and all necessary documentation is in order, court proceedings are generally more straightforward. For example, when an elderly parent leaves an uncontested will naming their sole child as the executor and beneficiary, the court may grant probate more swiftly, provided all assets are easily transferable.

How does an estate planning lawyer assist in expediting probate?

Engaging a San Fernando Valley estate lawyer can significantly streamline the probate process. Attorneys can ensure all documents are complete and submitted correctly, reducing potential delays. They can also facilitate communication between involved parties and the court, helping address any disputes quickly. Their expertise in local and state probate laws is invaluable in navigating intricate legal hurdles.

What if the decedent’s estate qualifies for simplified probate?

In some jurisdictions, smaller estates may qualify for expedited or simplified probate. This is a shortened procedure for estates that fall below a certain threshold in value. Using this shortcut can greatly reduce administrative requirements, allowing assets to be distributed in a fraction of the time. For instance, if an individual leaves behind modest savings and personal belongings, their estate might bypass the lengthy, full probate process in the San Fernando Valley.

When it comes to handling probate efficiently, understanding local laws and engaging professional assistance can make a significant difference. While not every case allows for expedited proceedings, knowing the available options can help ease the process. We can help you navigate the complex probate process efficiently and with peace of mind. Contact us at 818-334-2805 to schedule a consultation to discuss your specific situation. We’ll guide you through your options with clarity and reassurance.

being a Trustee in North LA County

What No One Tells You About Being a Trustee in North LA County: Common Mistakes Families Make and How to Avoid Them

by Estate Planning

When a loved one names you as trustee of their trust, it is meant as a compliment. They trust your judgment, your integrity, and your ability to look out for the people they love. What most people do not realize until they are already in the role of being a trustee in North LA County is just how much responsibility comes with it.

Managing a trust is not like managing a bank account. It is a legal obligation with real consequences when things go wrong. And in our experience working with families throughout the  North LA County area, the mistakes trustees make are rarely intentional. They happen because the role is more complex than it looks from the outside.

Misunderstanding What the Job Actually Requires

Many trustees assume their job is simply to divide assets among beneficiaries when the time comes. In reality, the role often begins much earlier and involves ongoing responsibilities: managing investments, paying expenses, filing tax returns, keeping records, and making distributions according to the specific terms of the trust document.

In California, trustees are held to a fiduciary standard, meaning every decision must be made in the best interest of the beneficiaries, not based on personal convenience or preference. A trustee who makes distributions without proper documentation, or who commingles trust funds with personal accounts, can face personal liability even if the mistake was unintentional.

Letting Communication Slip

One of the most common and preventable problems we see is a breakdown in communication between trustees and beneficiaries. Beneficiaries have a legal right to information about the trust, and when they feel left in the dark, suspicion grows quickly.

It does not take much—A few months without an update, a question that goes unanswered, a distribution that feels unexplained. What starts as a simple misunderstanding can escalate into formal disputes and expensive litigation that drains the very assets the trust was meant to protect. Regular, transparent communication is not just good practice. In many cases, it is legally required.

Making Decisions Without Professional Guidance

Most trustees are chosen because they are trustworthy family members or close friends, not because they have a background in law or finance. There is nothing wrong with that. But stepping into the role without professional support is where many well-meaning trustees get into trouble. Investment decisions, tax filings, Medi-Cal considerations, and compliance with California trust law are not areas where guesswork serves anyone well. The cost of getting it wrong, including personal liability for losses or surcharges imposed by a court, almost always exceeds the cost of getting good advice upfront.

Straying Outside the Trust’s Terms

The trust document is the rulebook, and trustees are bound by it. Making distributions for purposes not authorized by the trust, favoring one beneficiary over another without justification, or selling assets without proper authority are all mistakes that can expose a trustee to legal action from beneficiaries. When in doubt, the answer is always to consult the document and consult an attorney before acting, not after.

You Do Not Have to Figure This Out Alone

Being named a trustee is an honor, but it should not feel like a burden you carry by yourself. Whether you are just stepping into the role of being a trustee in North LA County or have been managing a trust for years and want to make sure you are on solid ground, we are here to help. Contact us at 818-334-2805 to schedule a consultation. Mention this article when you call.

Estate planning in North LA County

What Every North LA County Family Needs to Know About Estate Plans (It’s Not Just About Probate)

by Estate Planning

“I just want to avoid probate.”

We hear this often in our North LA County estate planning office. While bypassing the public, costly, and time-consuming probate process is a major win, it’s only the tip of the iceberg. For families in LA County, a truly effective estate plan isn’t just a set of “death documents,” it’s a blueprint for security, clarity, and protecting your legacy while you’re still here.

Is Probate the Only Hurdle?

Most people start estate planning to shield their loved ones from the burden of the courts. That’s a great start, but it’s not the finish line. A sophisticated plan is about much more: it’s about wealth preservation, preparing for the “what ifs” of incapacity, and ensuring your beneficiaries are supported on your terms.

For instance, a well-structured trust does more than move assets; it can protect your family’s inheritance from future creditors or legal claims. In North LA County, where local regulations can shift the effectiveness of your plan, working with a dedicated estate planning attorney ensures your documents aren’t just “legal”—they’re airtight and aligned with your personal values.

The High Cost of “Set It and Forget It”

The biggest risk isn’t not having a plan; it’s having one that no longer fits. Life moves fast. A birth, a marriage, or a divorce can render an old plan obsolete overnight. Imagine a scenario where assets pass to an ex-spouse or an estranged relative simply because a document wasn’t updated. In California, regular reviews are essential. We help families ensure their plans evolve alongside their lives, preventing the kind of disputes that often end up in a courtroom.

Protecting Your Voice During Incapacity

Estate planning is also about your own quality of life. If you were suddenly unable to make medical or financial decisions, who would step in? Without clear Powers of Attorney or Healthcare Directives, families in LA County often find themselves in expensive legal battles just to handle everyday needs for a loved one. By designating a trusted advocate now, you take the guesswork out of the equation. A healthcare directive, for example, allows you to outline exactly which treatments you want (or don’t want), removing a massive emotional weight from your family’s shoulders during a crisis.

Solving for Modern Family Dynamics

No two families are identical. Whether you’re navigating the complexities of a blended family or ensuring a loved one with special needs is cared for without losing their public benefits, “standard” forms won’t cut it.

In North LA County, where the legal landscape for special needs and specialized planning is constantly evolving, you need a strategy tailored to your specific DNA. Early, proactive planning ensures your most complex wishes are respected and that your family’s future remains in your control, and not the state’s.

Ready to Get a Comprehensive Plan in Place?

Secure your legacy with a plan designed for your life. We’re here to help you navigate these complexities with confidence. Contact us at (818) 334-2805 to schedule your consultation. Mention this article when you call, and let’s start building a plan that protects what matters most to you.

Calabasas estate planning lawyer

Why Insurance Isn’t a Safety Net for Every Calabasas Asset

by Estate Planning

The biggest threat to your wealth isn’t a lack of insurance, but the “false sense of security” that insurance provides. Many families and business owners in Calabasas believe that a comprehensive policy is a bulletproof shield. In reality, insurance is just one tool in a much larger toolkit. While it’s essential for handling accidents, it was never designed to be your sole defense against the complex legal and financial risks of today. If your protection ends where your policy premium does, your assets are more vulnerable than you think.

The Problem with “Policy Caps”

Insurance companies are in the business of managing their own risk, not yours. Every policy has a ceiling. For instance, if a personal liability claim in Calabasas results in a judgment that exceeds your coverage, the insurance company pays their limit and walks away. At that point, the “gap” becomes your personal problem. Without additional layers of protection, your real estate, your investment accounts, and even your children’s inheritance could be used to satisfy that remaining debt.

Navigating the fine print in California

Beyond just dollar limits, there is the issue of exclusions. Whether it’s specific types of professional negligence or regional environmental risks common in California, there are always scenarios where an adjuster will simply say, “That’s not covered.” Under California law, certain debts and liabilities are aggressive. If you haven’t built a legal “moat” around your assets through proper planning, you’re essentially leaving the gate wide open for creditors.

Strategic Shielding: Trusts and LLCs

This is where our firm’s approach differs. We don’t just look at what happens if things go wrong; we look at how to make your assets “unreachable” in the first place. By integrating tools like Irrevocable Trusts or LLCs, we create a legal separation between “you” and your “wealth.” For residents of Calabasas, this means that even if a lawsuit is filed, the assets held within these structures aren’t considered part of your personal “stack” available for seizure. It’s the difference between having a shield (insurance) and having a fortress (asset protection).

The “Audit” Every Calabasas Resident Needs

If you haven’t reviewed your asset protection in the last two years, you aren’t just out of date,t you’re exposed. Changes in your net worth, the local economy in Calabasas, and evolving state statutes mean your strategy needs to be as dynamic as your life.

A well-rounded plan doesn’t replace insurance; it completes it. It ensures that when the “unthinkable” happens, you aren’t left checking the fine print of a policy to see if your life’s work is still yours.

Is your wealth actually protected, or just “covered”? Let’s find out. Contact our team at 818-334-2805 for a comprehensive asset protection audit. Mention this article when you call, and we’ll help you bridge the gap between being insured and being secure in Calabasas.