Encino families who need an estate planning attorney can work with Alice A. Salvo, whose office is west on Ventura Boulevard in Woodland Hills. Alice is a State Bar of California Certified Specialist in Estate Planning, Trust and Probate Law. Much of her Encino work involves two things: plans for blended families, and trusts written years ago that no longer fit. Call 818-676-9572.
A second marriage changes who inherits, and the default rules rarely match what either spouse intends. Under California’s intestate succession law, a surviving spouse takes all of the couple’s community property, but separate property is split with the deceased spouse’s children or parents (Probate Code section 6401). Stepchildren who were never adopted generally have no share at all. Our page on when a loved one dies without a will shows how that plays out, and understanding California inheritance law covers the rest.
A well-drafted trust settles these questions in advance. It can provide for a surviving spouse for life and then pass what remains to the children of the first marriage. Alice Salvo builds that structure as part of estate planning, using a living trust as the core and a will to catch anything left outside it. Couples who never married have even fewer default protections, which is why estate planning for domestic partners is its own topic.
Many Encino homeowners signed a trust ten or twenty years ago and haven’t looked at it since. Common problems Alice Salvo finds in older trusts:
Our guides to trusts and setting up a trust explain what a current plan should include. For the incapacity documents, see powers of attorney and healthcare directives. If you also want to keep an inheritance away from a child’s creditors or divorce, asset protection planning can be built into the same review.
Blended families are where trust contests tend to start. A clear plan helps, and so does a no contest clause. California enforces one only against certain challenges, such as a direct contest brought without probable cause (Probate Code section 21311), so it has to be drafted with that limit in mind. Good records and a trustee who follows the rules matter just as much after a death. Alice Salvo guides Encino trustees through trust administration, from the first notice to beneficiaries through final distribution.
When an Encino resident dies without a funded trust, the estate is probated in the Los Angeles County Superior Court. See probate, what is probate, and the probate process for how a case moves forward. If a new plan is the next step, start with writing a will.
For a parent who needs care, the firm handles elder law and Medi-Cal planning, including eligibility, Medi-Cal asset protection, protecting assets from Medi-Cal, and protecting assets from nursing home costs. Families can find quick answers in the Medi-Cal FAQs. When no power of attorney exists, a conservatorship may be needed, and parents of minors should know how guardianships work.
Alice Salvo holds an LL.M. in Estate Planning from the University of Miami School of Law and carries an AV rating from Martindale-Hubbell. She meets Encino clients at the Woodland Hills office, by phone, or by video. The firm also serves Sherman Oaks, Tarzana, Van Nuys, and Woodland Hills.
Generally not, unless they were legally adopted. Without a will or trust, California’s intestate rules pass property to a spouse, children, and other blood relatives.
Review it after any marriage, divorce, death, birth, home purchase, or refinance, and at least every few years. Property bought or refinanced after signing is often left outside the trust.
Partly. It works against a direct contest filed without probable cause, but not against every kind of challenge, so the wording matters.
If your family has changed since you signed your plan, or you never made one, call Alice Salvo at 818-676-9572 or use the contact page.