Don’t Leave Your Family a Probate Scare
October’s haunted houses are designed to surprise you. Your estate plan should give your family clearer answers.
Three published California decisions show what can happen when a plan leaves out a scenario, property ownership is not clearly coordinated with a trust, or requested changes are never legally completed. These cases involved real court proceedings—not hypothetical families.
Some concern probate administration and others trust disputes in probate court. A trust can help avoid formal probate for trust assets, but it cannot guarantee that no dispute will ever reach a courtroom.
A handwritten will left out what happened if the wife died first
Estate of Duke (2015) 61 Cal.4th 871
Irving Duke wrote his own will. He left his property to his wife and provided for two charities if they died at the same time. But he did not address what would happen if his wife died before him.
She died in 2002. He died in 2007. His nephews and the charities then disputed who should inherit.
The lower courts ruled for the nephews under intestate succession. In 2015, the California Supreme Court reversed and sent the case back for consideration of whether clear and convincing evidence justified correcting the will to reflect Duke’s actual intent when he wrote it. The Supreme Court did not simply award the estate to the charities.
The consequence: A missing contingency led to litigation that reached the state’s highest court years after Duke’s death.
What to check: Does your plan address a beneficiary dying before you, as well as simultaneous deaths? After losing a spouse or another beneficiary, have an attorney review the distribution provisions and successor appointments.
Property listed in a trust still became the subject of a court dispute
Estate of Heggstad (1993) 16 Cal.App.4th 943
Halvard Heggstad created a living trust and identified his interest in a Menlo Park property on an attached asset schedule. However, title to that interest remained in his individual name; he had not executed a separate deed transferring it to himself as trustee.
After his death, his son, the successor trustee, petitioned the probate court to determine whether the interest belonged to the trust. Heggstad’s surviving wife objected.
The court found that the signed trust declaration was sufficient to establish the trust’s interest in the property, and the Court of Appeal affirmed.
The consequence: The trustee succeeded, but the property’s status was resolved through a court proceeding and an appeal.
What to check: Have an attorney confirm that your deeds and account ownership match your intended plan. Review newly acquired property, too. This case provides a potential remedy in appropriate circumstances; it is not a reason to leave funding questions unresolved.
Emails about changing beneficiaries did not change the trust
Trotter v. Van Dyck (2024), California Court of Appeal, Case No. D081916
Before surgery, Mary Trotter exchanged emails with her son and her estate planning attorney about changing her trust. She wanted to exclude her late husband’s daughter from a previous marriage. She also returned a questionnaire discussing proposed changes.
Mary died after complications following surgery, before signing a formal amendment. Her son asked the San Diego probate court whether her writings removed the daughter as a beneficiary.
The court said no, and the Court of Appeal affirmed. The writings lacked the required signature and did not show that Mary intended those writings themselves to amend the trust, rather than serve as instructions for a later amendment. The original beneficiaries remained entitled to distributions, including the daughter Mary had wanted to exclude.
The consequence: Communicating the desired changes did not legally complete them.
What to check: If you have requested changes, confirm that the necessary documents have been finalized and properly executed. Do not assume an email, questionnaire, or conversation has amended your plan.
Three questions to answer before the holidays
These cases suggest a practical starting point for a review:
Does my plan cover the possibilities? Check what happens if a spouse or beneficiary dies first, and whether the people named to act are still appropriate.
Are my assets coordinated with my plan? Confirm property ownership and review current primary and contingent beneficiary designations with your attorney.
Have I actually completed the changes I requested? Locate the final signed documents and confirm any remaining steps.
If your trust was prepared through a DIY service or by someone other than an attorney, consider having a California estate planning attorney evaluate it. A review can identify questions about the documents, their execution, and the assets they are intended to cover.
If more than five years have passed since an attorney reviewed your plan, consider scheduling a check-in. Five years is a practical reminder, not an expiration date. Significant life changes may warrant attention sooner.
Complete the steps that protect your family
The lesson from these cases is specific: address the missing scenarios, confirm the assets, and finish the documents.
If you hope to complete your planning before Thanksgiving, Christmas, or the end of 2026, contact DeCosimo Law now to discuss the process and timing.
New to estate planning? Schedule a complimentary 15-minute discovery call.
Already have a trust? Contact us to learn how you may qualify for a complimentary review of your existing estate plan.
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AI disclosure and legal disclaimer
This article was created using artificial intelligence for general educational and informational purposes. It is not legal, tax, financial, or other professional advice and is not a substitute for advice from a qualified professional who has reviewed your circumstances. It discusses general California estate planning concepts; laws and procedures may change, and exceptions may apply. AI-generated content may contain errors or omissions. Reading this article or contacting DeCosimo Law does not, by itself, create an attorney-client relationship. No particular outcome, avoidance of court proceedings, or completion date is guaranteed. Consult a qualified California attorney before taking action based on this information.