Walking through the Old Towne District in Orange or enjoying the breeze at the Newport Beach pier, it is easy to see how much our local community evolves over time. Your life changes just as frequently. Perhaps you recently retired from a long career, welcomed a new grandchild into the family, or watched the value of your Orange County home climb significantly. These milestones are wonderful, but they often mean your existing legal documents no longer reflect your current reality.
Welcome to the Law Office of James F. Roberts & Associates, APC, an established estate planning firm located in the heart of Orange County for over three decades. Before we share information on how we can help with your estate planning needs, let’s take a moment to reflect on why you are visiting our site today. Are you concerned because you don’t have a will or trust to protect your family, property, or other assets? Do you believe that your current will or trust needs to be updated? You may be the executor or trustee of a loved one’s estate and need some guidance.
A common question we hear from residents throughout Southern California is: “How often should you revisit your estate plan to keep it current?” While there is no single law that requires an update on a specific schedule, failing to review your plan can lead to unintended consequences under the California Probate Code.
The General Rule for Estate Plan Reviews.
We generally suggest that you pull your estate planning binder off the shelf every three to five years. This periodic check ensures that the people you named as executors or trustees are still able and willing to serve. It also allows us to verify that your assets are properly titled in your trust’s name.
In California, a “stale” estate plan can lead to complications. For instance, if you have a Pour-Over Will that was drafted twenty years ago, it might name guardians for children who are now grown adults with their own families. Reviewing your plan regularly helps prevent outdated instructions from causing confusion or family disputes later.
Life Events That Trigger an Immediate Update.
Beyond the three-to-five-year rule, certain life events require an immediate look at your documents. These changes often shift your priorities or the way California law views your assets.
- Marriage or Divorce: Under California Probate Code Section 6122, a divorce typically revokes any disposition of property made by a will to a former spouse. Relying on the law to fix your plan is risky. It is much safer to draft a new trust or will that explicitly states your new intentions.
- Births or Adoptions: Adding a new member to the family is a joyous occasion. You want to ensure that your new child or grandchild is included in your distribution patterns and that you have named appropriate guardians.
- Death of a Beneficiary or Fiduciary: If the person you chose to manage your affairs passes away, you must name a successor immediately to avoid having the court appoint someone you might not have chosen.
- Significant Changes in Assets: If you sell your primary residence in Anaheim and buy a new property in Fullerton, or if you receive a large inheritance, your trust must be updated to reflect these changes.
Navigating California Tax and Probate Thresholds.
California residents must be particularly mindful of the state’s probate thresholds. As of 2026, if an estate’s value exceeds certain limits and assets are not held in a trust, the estate may be forced through a formal probate proceeding. For deaths occurring in 2026, the threshold for a small estate is adjusted for inflation every three years. If your assets have grown beyond these limits, your heirs may face the California Superior Court probate process.
By revisiting your plan, we can ensure that your trust is fully funded. Funding is the process of transferring the title of your assets, like your home or brokerage accounts, into the trust. If you bought a vacation home or opened new investment accounts recently and did not title them correctly, those assets might still be subject to probate despite having a trust in place.
Changes in State and Federal Laws.
Laws surrounding taxes and inheritance are not static. While California does not currently have a state-level inheritance tax, federal estate tax exemptions are subject to congressional action. The Internal Revenue Service (IRS) frequently adjusts these exemptions.
If your estate plan was created when tax laws were different, it might include provisions that are no longer necessary or could even be detrimental to your heirs regarding step-up in basis tax benefits. We stay current on these shifts to keep your plan as efficient as possible.
Protecting Your Health Care Wishes.
Estate planning is not just about what happens after you pass away. It is also about your care while you are alive. Your Advance Healthcare Directive and Power of Attorney are vital components of your plan.
As you reach retirement age, your preferences for medical intervention or long-term care might change. Re-evaluating these documents ensures that your designated agents understand your current wishes and have the legal authority to act on your behalf if you become incapacitated. This is especially important for women in our community, who often take on caregiving roles and may live longer, requiring a robust plan for their own future care.
How We Help You Stay Current.
Our team at The Law Offices of James F. Roberts & Associates is composed of caring professionals with years of experience in trust law. We pride ourselves on providing service in a friendly, compassionate environment. We are ready to help make changes to your trust as your life evolves, ensuring your family stays protected.
If you are looking for an estate planning lawyer in Orange County, California, consider our firm. You can learn about our education and experience in providing California living trust solutions by viewing our team biographies. Whether you are creating a plan for the first time or updating a decade-old document, we provide legal options that act in your and your loved ones’ best interests.
To schedule a consultation and ensure your estate plan is up to date, please call us at 714-386-1434. We look forward to helping you gain the peace of mind that comes with a current, comprehensive plan.
