Overview: Estate planning is about more than just documents: it’s about protecting your family, preserving your legacy and avoiding costly court processes. This article explores key issues every California resident should consider, from probate pitfalls to incapacity planning, with insights from estate planning attorney Bridget Burns.

For many people, the biggest hurdle to estate planning isn’t cost, it’s discomfort. Thinking about death or incapacity isn’t easy, but avoiding those conversations doesn’t protect your family — it often creates more problems, court time and lost assets.

White and Bright Partner Bridget Burns, an experienced estate planning attorney, laid out the most common planning gaps she sees and the consequences of waiting too long to act in a recent webinar, “Protect Your Assets from Taxes and Probate: Everything You Need to Know About Estate Planning.”

Estate planning is not simple, Bridget said. “But it can be easy when you have the correct help. That is my entire job… to walk you through what you need to know, set aside the parts of estate planning and the probate code that don't apply to you and help you make the decisions that need to be made,” she added.

Her clients need to only focus on the planning part of estate planning, she explained. People should ask themselves:

• How do I want my assets to pass on to my beneficiaries?
• Who do I want to pass them to?
• Who should manage my affairs if I can’t do it myself?
• Who do I want to make health decisions for me if I can’t?

Bridget discussed many issues that are worth considering in estate planning to protect your assets and your wishes. Here are just a few to consider — especially if you’re a homeowner, a parent or someone providing care for aging loved ones.

1. Probate Isn’t Just Lengthy — It’s Designed to Serve Creditors First

Many people are shocked to learn that having a will does not avoid probate. In fact, it ensures it. That means court delays, public disclosure of your assets and a mandated process that prioritizes creditors — not your family.

Bridget noted that the statutory probate fees in California are based on gross estate value, not net. So that $1 million home with an $800,000 mortgage? You’ll still pay attorney and administrator fees based on the full $1 million. Those fees can reach five figures before taxes, court costs or unexpected disputes.

2. Your Children Can Inherit Too Soon, or Not at All

Without a trust, minor children who inherit assets will likely do so through a court-ordered guardianship — a separate, costly proceeding that ends with a lump-sum inheritance at age 18. On the other hand, stepchildren you love and raised as your own could be entirely excluded under California intestacy laws.

And if one child is dealing with a lawsuit or addiction at the time of inheritance? That money could be gone before it helps them at all.

3. Incapacity Planning is Just as Important as Death Planning

Conservatorships, which can be required when someone becomes incapacitated without the right documents in place, are notoriously complex, expensive and emotionally difficult for families. Estate planning with properly executed powers of attorney and health care directives can keep your loved ones out of court and in control of your care.

But it’s not just about having the right documents — it’s about having them drafted correctly. Even well-intentioned DIY plans fall short when it matters most.

4. California Law Already Has a Plan, You Just Might not Like it

If you die without a valid estate plan, California decides who receives your assets and who manages your estate. That might mean:

• A child you’re estranged from controls the process
• A surviving spouse loses access to jointly acquired property
• A loved one’s inheritance is claimed by creditors

And if there are no eligible relatives? The State of California can become the beneficiary.

Want to Hear More?

In the full webinar, Bridget walks through real-life examples, explains how trusts work and debunks common misconceptions about wills, Medi-Cal and more.

Click here to download the full webinar recording (use passcode 9p&5$2yw).

Or, if you’re ready to explore your own next steps, contact Bridget directly at bburns@whiteandbright.com.

Estate planning doesn’t have to be overwhelming — but the cost of ignoring it can be. Make this the year you get your plan in place.