Law Offices of Christopher B. Johnson

Another year, another Super Lawyer award! Thank you to my peers for recognizing us 2017-2021!

We, like so many of you, are doing a lot of client (and potential client) meetings by Zoom now. I think my office background looks pretty good, but here are some backgrounds for your Zoom calls in case your place is a bit untidy: https://www.curbed.com//zoom-background-options-images-hom

My interview by Lee Cuellar, Most Architecturally Knowledgeable Realtor I Know, is up! Perfect for your commute. https://youtu.be/O8pnx1iQW_U

What’s the largest amount that can pass to your beneficiaries without a probate? It’s been $150,000 for many years, and was only $60,000 when I started practicing in 1994. There’s a new bill that raises that to $166,250 next year, and raises it for inflation after that. Beyond those limits, in most cases, you should have a trust to avoid probate.

My interview by Lee Cuellar, Most Architecturally Knowledgeable Realtor I Know, is up! Perfect for your commute. https://youtu.be/O8pnx1iQW_U

For many years, we've advised our clients about "stretch IRAs"--the ability to have their heirs delay distributions of inherited retirement accounts over the beneficiaries' lifetimes. It looks like that's coming to an end, so reviewing your retirement accounts and beneficiary designations is a good New Year's resolution for 2020. https://www.wsj.com//senate-spending-bill-includes-signifi

What’s the largest amount that can pass to your beneficiaries without a probate? It’s been $150,000 for many years, and was only $60,000 when I started practicing in 1994. There’s a new bill that raises that to $166,250 next year, and raises it for inflation after that. Beyond those limits, in most cases, you should have a trust to avoid probate.

Mediation is a valuable tool in bringing a good resolution to probate litigation cases, and I’ve enjoyed good results from the mediation programs staffed by volunteer attorneys and judges in Los Angeles, San Bernardino and Riverside counties. This week it was my turn to volunteer at Stanley Mosk Courthouse in downtown Los Angelesafter being asked a few times by Judge Klein when I’d be joining, I finally did. And settled my first case! It’s a good thing I paid attention in those Pepperdine alternative disputes resolution classes, and I’d invite my probate colleagues who haven’t yet volunteered to do so.

From intestate to very testate! To use lawyer-speak....Months after her passing, lawyers found three handwritten wills in Aretha Franklin’s home. A court hearing is scheduled for next month to review the wills and determine whether they’ll be admitted to probate. In California, a handwritten will is valid, but it should be dated and signed. The one with the latest date controls, and wills without dates are presumed to have been written prior to any with a date. The earlier ones could still be valid to the extent they’re not revoked by the latest one. Even with a will, you should still have powers of attorney for property and health care, and most likely a trust if you have real estate. https://www.cbsnews.com//aretha-franklin-handwritten-will/

Yes, we ask some uncomfortable questions when making your living trust, but they’re to be sure you get the best outcome possible. This article explains why, along with suggestions for a to-do list to leave with your trust. https://humbledollar.com/2019/04/one-last-thing/

From intestate to very testate! To use lawyer-speak....Months after her passing, lawyers found three handwritten wills in Aretha Franklin’s home. A court hearing is scheduled for next month to review the wills and determine whether they’ll be admitted to probate. In California, a handwritten will is valid, but it should be dated and signed. The one with the latest date controls, and wills without dates are presumed to have been written prior to any with a date. The earlier ones could still be valid to the extent they’re not revoked by the latest one. Even with a will, you should still have powers of attorney for property and health care, and most likely a trust if you have real estate. https://www.cbsnews.com//aretha-franklin-handwritten-will/

Chris was quoted by the Pasadena Weekly in its article on grieving and losing a spouse...there's a lot that hits widows and widowers at the worst time, and getting the right support is extremely helpful: https://www.pasadenaweekly.com//surviving-the-profound-lo/

It’s what we all fear, and even hundreds of millions of dollars and planning ahead can’t ensure you’ll age in place in the comfort of your home. This former studio head is now living far from his mansion in isolation...it’s time to look at your trust and powers of attorney to review who will be making these decisions on your behalf, and consider adding some accountability for those agents and trustees. https://www.latimes.com//la-fi-ct-terry-semel-family-fight

Special Needs Trusts Do you know which one is right for your loved one? Learn the differences between first-party and third-party special needs trusts. https://goo.gl/tn6rMW

https://goo.gl/zfBFaW Passing away without a will can have serious effects on your heirs.

Curious about what happens to the things you forget to include in your will? Our latest article is for you. https://goo.gl/KCKnSA

https://goo.gl/JxKfWa In today’s Internet age, it is incredibly important to consider having a digital executor named in your estate plan.

If the mortgage is not paid, the bank will have the right to foreclose on the property even if the current owner who inherited the property had nothing to do with taking out the mortgage. https://goo.gl/P7Tsh

Is it possible to have your cake and eat it too? https://goo.gl/RLXq7U

One of the most important - albeit overlooked - parts about estate planning is deciding who you would like to be the executor of your will. https://goo.gl/1pPq5g

Special Needs Trusts Do you know which one is right for your loved one? Learn the differences between first-party and third-party special needs trusts. https://goo.gl/tn6rMW

There are more benefits to a living trust than you might realize. https://goo.gl/1rWa1j

Is Estate Planning Only For People Subject to the Estate Tax? https://goo.gl/D6mFjV

Can I Create or Modify a Will or Trust During a California Divorce? https://goo.gl/Rxyjo6

3 Estate Planning Issues to Address Prior to Your California Marriage https://goo.gl/WuH253

Why Is Avoiding Probate Such a Big Deal in Estate Planning? https://goo.gl/uzFro5

Do I Need to Create a Whole New Will to Make Just a Few Changes? https://goo.gl/zMH9iu

5 Questions to Think About When Devising (Gifting) Your Home in a Will https://goo.gl/24hroM

3 Dangers With Creating Your Own Will https://goo.gl/eey6yk

Why You Should Include a Letter of Instructions With Your California Will https://goo.gl/ZACpFR

What to Do When a Person Who Owes You Money Passes Away in California https://goo.gl/hHDhch

Updating Your Estate Planning After a California Divorce https://goo.gl/ufgQC3

Can I Instruct How My Will Beneficiaries Can Use My Property and/or Money in California? https://goo.gl/zn5npo

Selecting an Executor For Your Last Will and Testament https://goo.gl/aRXKCc

7 Things to Discuss With Your Will Executor Prior to Passing https://goo.gl/Yo8SGD

3 Reasons Why Informing Beneficiaries of Gifts In Your Will is Important https://goo.gl/JM3q8k

Stop by our Indian Wells office for some candy. You know you want some.

Living Trusts: Protect Your Assets for Those You Love https://goo.gl/chWvyv

How Much Does It Cost to Go to Probate in Los Angeles County? https://goo.gl/kbCrDc

Can I Make a Gift Listed in My Will Before I Die? https://goo.gl/RM8iUY

Aretha Franklin's attorney tried to get her to do a trust, but she died not having prepared a trust or even a will. So now the estate, which under Michigan law will go to her four sons, will be a public affair, and a costly one. I know it's difficult to make the call for the first estate planning appointment, which is why we work to make the process as painless as possible, and that's what our clients say. It's important, so we want to make sure it gets done, and when everything is signed, most people say, "I don't know why I waited so long." https://www.usatoday.com//aretha-franklin-no-w/1058749002/

Check your life insurance beneficiaries! Yet another case today from the California Court of Appeal affirms that the probate court does not have jurisdiction over life insurance beneficiaries (in most cases). In this case, Estate of Post, a father forgot to remove his former wife as beneficiary, and his sons were the contingent beneficiaries. He executed a will codicil shortly before his death stating strongly that he did not want his former wife to inherit anything from h...im, including life insurance policies. This was not enough to override the beneficiary designation, and I'm guessing the sons' dear mother did not share the life insurance proceeds with them. Your lawyer can't change life insurance and retirement plan beneficiaries--only you can! So take a moment and call your agents and advisors and be sure your beneficiaries are who you think they are.

Enjoy this Independence Day and all the freedoms we have. And maybe some fireworks too. #photocreditsharonjohnson

I do provide free initial consultations, but if you really, really want to be sure it's free, stop by and see me at Bill Handel's Law Day on June 16 at the Bowers Museum in Santa Ana. I'll have to give the same disclaimer he does on his KFI radio show, though: it's marginal legal advice where I tell you you have no case. https://www.bowers.org//1638-11th-annual-law-day-with-bill

I love speaking and educating, and am always glad for the opportunity to do so. The reviews are in for my latest presentation for MylawCLE's continuing education program on "Estate Inclusion Techniques," which include "Excellent" and "It was outstanding!" It's available for continuing legal education credit at https://mylawcle.com//estate-inclusion-techniques-in-esta/. I'm currently preparing my next program on IRAs and estate planning, set for June 18--let me know if you're interested. And if you're open to a speaker other than Chris Johnson, they have a tremendous library of helpful programs.

Back in Riverside today for the end of trialthe judge granted everything we asked for, including attorney fees and costs against the other side! Glad my firm could get them the justice they deserve, and the finding of bad faith against the her means this Trustee Behaving Badly can’t escape this verdict. Kudos to my associated counsel, Dilair Nafoosi, for a great trial.

There’s a lot of press about the City of Los Angeles’ deal with the Playboy Mansion owner to preserve it. It’s a good deal for the city in that it preserves an architectural gem, and it’s a good deal for the owner because he can get a tax write-off for the donation. The vehicle is called a conservation easement, and can be used to preserve buildings or land in its natural state. https://www.hollywoodreporter.com//new-playboy-mansion-own

There’s a crew of what seems like thousands filming an episode of the Bachelorette at the Arbour restaurant below my Pasadena office. It’s a good reminder that when you get married, you need to re-visit your estate planning! If you don’t, the law may impose changes on it that you weren’t expecting.

Getting your living trust done, and signed, is only half the work! It's an important step, and one that fewer than 30% of Americans take, but just as important is "funding" your trust. One of the advantages to using a trust is avoiding the often long and always expensive court probate process. To stay out of court, most assets need to be re-titled into the trust name--this includes your real estate, investment properties, stock and bond accounts and bank accounts. Most a...ttorneys (and do-it-yourself services) leave this crucial step to you. My 23 years in practice have told me that it often doesn't get done, which means you've got nice-looking documents that don't do what you expected them to do. Our relationship with Ensemble Wealth Management in Indian Wells means our clients have trusts that work--life insurance, brokerage accounts and retirement plans transition smoothly and things work the way they're supposed to. And we do this without any additional fees. If you need your trust done, or a review and tune-up plus funding, let us know. We're ready to serve you in Pasadena, Chino Hills and Indian Wells.

A wealthy widow who hid from the world and stashed hundreds of thousands of dollars in her hotel room? It happened, and pre-dated Howard Hughes. https://www.smithsonianmag.com//everything-was-fake-but-h/

We negotiated a settlement to make just about everyone happy in a seven-figure estate, and we’re also excited to have this restored elephant lamp as the newest addition to our lobby. Come by to see it, and bring us your difficult-to-solve probate problems.

Remember Crown Books and its commercials? "Books cost too much!" Yours truly spent a lot of time perusing the wares at the Palm Springs Crown Books (long gone) in my high school years, and occasionally buying a book or two. The other things that cost too much are family feuds about the business succession plan, which cost the company millions in the 90's. They worked things out, but only after a multi-million dollar judgment and armies of lawyers earned lots in fees. I c...an help now with the ounce of prevention, and get the succession plan in place. And what's the "books cost too much" guy up to these days? He's the founder and managing partner of Morgan Noble & NIGI, a health care services firm. https://www.youtube.com/watch?v=jEnb-4RMJqo

Happy Holidays! May joy and peace and blessings be yours this season.

Check your account titles! Especially if they're in joint tenancy. When you "add someone to my account," even if it's just to have them wrote checks to pay your bills, this in most cases creates a joint tenancy account, with that person receiving everything in that account at your death. This isn't always what people intend, and a new court case, Estate of O'Connor, affirms existing law that it's very difficult to overcome the joint tenancy presumption. A better idea is t...o use a power of attorney--the person can still write checks for you, but they have no ownership rights in the account. And, as I often say, even if that joint tenant promises to "do the right thing" and split the account with your other beneficiaries, they often get a severe case of amnesia once you've passed on, so the power of attorney (or moving the account to your trust) is a much safer option.

I'm here at Buzzfeed Hollywood to share the magic of trust planning to their employees--its great when businesses keep their employees aware!

All situated in the new Indian Wells office--come on by! And looks like there's plenty of leafy greens available outside to take home for salad.

Here's an interesting article from our friends at Ensemble Wealth Management in Indian Wells--people can try to hide assets from their spouses, business partners, life partners, etc., but it's much more difficult to hide the trail. It's expensive to follow that trail, but so satisfying when we can recover assets for clients. Even a 20-year-old transfer is not too old in some cases. http://ensemblewm.vestorly.com//management-9-finding-hidde

I'll be speaking on the Prince estate to the Pasadena Rotary Club tomorrow--the estate's drama continues, and a bit of planning would have been a big help. https://mobile.nytimes.com//new-disputes-over-princes-esta

I don't think this would be allowed by a California court, after so much time has passed, but many times there are options available if you've been left out of a will or a trust. http://www.latimes.com//la-fg-salvador-dali-20170721-story

Here's something helpful for those currently acting as trustees, and those named as successor trustees in the future: Joseph Gubbrud, an attorney and founder of "Your Trust Coach," will be talking about the trustee process, the support you'll need and how to protect yourself as well. It's a free talk, sponsored by Carol Fishburn of Brentwood Advisory Group, at the Women's City Club of Pasadena next Wednesday, June 21, 4pm to 5:15pm. I'll be there, and to RSVP, please contact Carol at 818-425-7105 or [email protected].

Here's the newest addition to our conference room--our shelves are pet-friendly.

Now when you sign your trust here, you can do it at Patrick Swayze's writing desk--yes, I don't just do estate sales, but I buy from them too...The "Point Break" surfboard was a little pricey, so I skipped it, but this fine piece fit the budget. And my office.

There are often disputes about an estate when it comes to surviving spouses and children from the deceased spouse's earlier marriage. It sounds like the planning was in place in Alan Thicke's estate, and updated regularly, but that couldn't stop his wife's trying to get more. What could stop her is a well-drafted no-contest clause, which would cover fights over what's separate property and what's community property. https://www.yahoo.com//alan-thickes-sons-claim-wife-threat

Under California law, a revocable trust can be modified at any time or revoked in full.

Does this mean that a will which distributes your property upon your death no longer needs to be in a physical document?

Will a new will or codicil will automatically revoke (in other words, render legally ineffective) the previous will or at least certain portions of the old one?

Can you replace or remove a trustee? https://goo.gl/xzSfkg