Temmerman, Cilley, Kohlmann & Norcia, LLPSan Jose Estate Planning & Probate Lawyers | Danville CA2026-07-13T02:22:32Zhttps://www.tcklawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1200534/2025/01/cropped-Favicon-32x32.jpgOn Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[Should your estate plan include digital assets?]]>https://www.tcklawfirm.com/?p=491722026-07-13T02:22:32Z2026-07-13T02:22:32Zpurchased cryptocurrency, which is a type of digital currency. It is held in an online wallet, but it has a cash value. You often can include cryptocurrency in your estate plan by naming a direct beneficiary, the same way you would with an investment account or a bank account.
One thing to keep in mind, however, is that you need to give that beneficiary all the information necessary to access the funds. You should not put your login credentials in the estate plan directly, but you should talk with that beneficiary in advance or leave them explicit instructions rather than just naming them in your will.
What about digital products?
With digital products, things become more complicated. Many video games, movies, books and musical compositions are simply digital files that a person buys and downloads.
There are situations in which you can leave these to beneficiaries, but it does not always work. For instance, when you buy many digital products on the internet, you do not actually own them. You simply purchase a license. That license allows you to access or use the product whenever you want. However, the fine print may state that you are prohibited from passing that product on to anyone else. When you pass away, the license simply expires.
The rise of digital products and digital currencies has made estate planning more complex for those who own them. An experienced attorney can help you consider your options.]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[Why a valuable estate may still run short on cash]]>https://www.tcklawfirm.com/?p=491712026-06-30T14:31:44Z2026-06-30T14:31:44ZWhat liquidity means in estate planning
Liquidity refers to how quickly an asset can become cash without losing much of its value. Cash, checking accounts and money market accounts are liquid assets because they are readily available. Real estate, closely held businesses and valuable collections are generally illiquid because converting them to cash usually takes more time.
As a result, two estates with the same value can have very different levels of financial flexibility. An estate worth several million dollars can still have limited cash available if most of its value comes from property or business interests.
Why liquidity can become a challenge
An estate may need cash before beneficiaries receive their inheritances. Early expenses can include:
Selling a business or transferring real estate may take months. During that time, the estate may need to cover ongoing expenses without enough readily available cash. In some situations, beneficiaries may decide to sell property sooner than expected to meet those obligations.
How illiquid assets can affect family goals
Many families hope to preserve assets such as a longtime family home, rental property or closely held business. Those assets may represent years of work, family history or a future source of income.
If an estate has limited liquidity, financial pressure can make those goals harder to achieve. Beneficiaries may disagree about whether to keep or sell an asset, especially if some want to preserve it while others prefer immediate access to its value.
How estate plans can account for liquidity
Liquidity is one factor that people may consider when creating or updating an estate plan. The goal is not simply to identify who will receive property but also to consider how an estate will meet financial obligations if much of its value comes from assets that cannot be converted to cash quickly.
Depending on the estate, planning may involve tools such as trusts, beneficiary designations or life insurance. The right approach varies because every estate has a different mix of assets, family circumstances and long-term goals.
Protecting long-term family goals
Building wealth and preserving wealth are not always the same. An estate with substantial assets may still face challenges if cash is not readily available when expenses arise.
Liquidity highlights the difference between an estate's value and its financial flexibility. For families with significant assets, that distinction can influence how an estate carries out the goals reflected in an estate plan.]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[Addressing anatomical gifts in a California advance directive]]>https://www.tcklawfirm.com/?p=491692026-06-25T18:37:44Z2026-06-25T18:37:44ZWhat details should the directive include?
Families may struggle to make decisions about anatomical gifts without guidance, but people can plan in advance. California actually has a relatively robust law regulating anatomical gifts.
People can not just opt into organ donation. They can provide specific instructions regarding what organs and tissues they wish to donate. They may agree to donate organs for life-saving procedures but not tissues used for other medical purposes, for example.
It is also possible to make arrangements in advance to make a whole-body donation to a medical research facility or college. For those with unusual medical conditions, whole-body can lead to more effective research that could benefit others with similar challenges.
Including provisions clarifying personal preferences about anatomical donation in an advance health care directive can help people leave a meaningful legacy and reduce a common source of stress for family members when a person's health declines. Creating and updating advance health care directives can help people protect their loved ones and control the legacy they leave behind.]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[When medical challenges compromise an estate plan]]>https://www.tcklawfirm.com/?p=491682026-06-12T00:09:51Z2026-06-12T00:09:51ZWhen do people lose testamentary capacity?
There is no specific age after which an adult can no longer create or update an estate plan. Instead, testamentary capacity depends on the ability of an adult to understand the documents they create.
Numerous medical conditions can negatively influence testamentary capacity. Traumatic injuries and age-related medical challenges are leading causes of will contests based on a lack of capacity. Those challenging the validity of documents must prove in court that an individual could no longer understand the documents, catalog their property or name their beneficiaries without assistance.
A diagnosis alone may not be adequate proof that a person lacked capacity at the time that they drafted estate planning paperwork. Alzheimer's disease, for example, takes years to present the worst symptoms in most cases.
Reviewing estate planning documents, the date of their creation and details about a testator's health with a skilled legal team can help people determine if they can initiate probate litigation. Filing a lawsuit in probate court can lead to the courts setting aside questionable estate planning documents.]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[Assets do not have to be expensive to cause disputes]]>https://www.tcklawfirm.com/?p=491652026-06-04T08:41:22Z2026-06-04T08:41:22ZExpensive assets can lead to estate disputes. For instance, maybe a parent has a net worth in the millions, but they leave 90% of their financial assets to one of their adult children and just 10% to the other. The sibling who received less may believe that they should have gotten a larger percentage, and they may challenge the estate plan on the grounds of manipulation, undue influence and things of this nature.
But it is very important for people to remember that assets do not have to be expensive to lead to a significant dispute. Family heirlooms and other assets with sentimental value often cause conflicts between beneficiaries, even though they may not have much value at all outside of the family.
Why do these conflicts happen?
The issue is that these assets are connected to a specific time in a beneficiary’s life. They have an emotional or nostalgic connection.For instance, maybe there is a book series that the children remember reading with their parents when they were little. Yes, they could all technically go out and just buy another copy of the same book series. But they want those specific books to share with their own children, so they can become involved in a dispute over who gets to keep the collection.These disputes are often very difficult to resolve. Selling the book collection and splitting up the money does not make sense because it is not very valuable, so none of the beneficiaries are after the money in the first place.After a parent passes away, when adult children find themselves involved in an estate dispute, it is critical that they understand exactly what legal steps to take as they seek a resolution.
]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[Revocable living trusts: Funding, mistakes and updates]]>https://www.tcklawfirm.com/?p=491642026-05-21T23:24:52Z2026-05-21T23:24:52ZThe importance of funding a trust
Funding essentially means changing titles so that the revocable living trust legally owns the assets. This often includes real estate, bank accounts, brokerage accounts and some business interests. Proper funding helps bypass California probate, which can be lengthy, expensive and public.
It’s important to periodically review each major asset intended for your trust and confirm that it is properly titled. This simple step can prevent costly surprises later.
Common funding mistakes to avoid
Many people make preventable errors when funding a revocable living trust. Examples include:
Leaving out the home – for example if the deed is never retitled to the trust and the property later requires probate
Ignoring new assets and leaving recently purchased real estate, accounts or interests in individual names instead of the trust name.
Mismatched beneficiary designations: Any beneficiary designations listed directly on an account or insurance policy take precedence over what the trust document says if they don’t match.
Reviewing your titles and beneficiary designations on a regular schedule helps reduce these risks and keeps the trust aligned with your goals.
When and how to update your trust
A revocable living trust should be revisited after major life events such as marriage, divorce, birth, death or a significant purchase or sale. Updates may involve changing trustees, adjusting distributions or adding newly acquired assets. Regular reviews with legal support can help ensure the trust remains current, funded and ready to function when needed.]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[Are you allowed to be your own trustee in California?]]>https://www.tcklawfirm.com/?p=491632026-05-19T11:05:50Z2026-05-19T11:05:50ZPath to self-trusteeship
California allows you to serve as the settlor, trustee and beneficiary of your own revocable living trust at the same time. This arrangement is not only permitted but also the most common setup for living trusts across the state. You retain full control over the property in the trust and may use or spend it for your benefit, though you must manage and transact with those assets in your official capacity as the trustee.
Rights and powers in practice
As your own trustee, you hold the following authority over your trust and its assets:
Buying, selling or transferring real estate and other assets
Amending, modifying or revoking the trust at any time
Distributing income or principal from the trust to yourself as the beneficiary
As long as the trust remains revocable, you are not required to file a separate tax return for it or obtain a separate tax identification number. You may continue to report trust income on your personal return using your Social Security number.
Key limitations and risks to consider
A self-managed trust can overlook incapacity. If you are the sole trustee and lose the ability to handle your affairs, no one has automatic authority to step in. A court may need to appoint a conservator to manage trust assets on your behalf, which is the kind of costly and public proceeding a trust is designed to avoid.
A trust also only controls the assets formally transferred into it. Signing the trust document is not enough on its own. You must retitle assets, including deeds, bank accounts and investment accounts, into the name of the trust, or those assets may still pass through probate.
Options for a backup plan
Naming a co-trustee or successor trustee is a practical step you can take when creating a revocable living trust. A successor trustee takes over only when you are no longer able to serve or after your death, while a co-trustee shares authority with you from the start.
Consulting with an attorney can help with drafting a trust. Their guidance might clarify your legal options and help you structure a plan that reflects your specific goals.]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[Does a California will ever expire?]]>https://www.tcklawfirm.com/?p=491322026-05-07T01:00:15Z2026-05-07T01:00:15ZWills generally do not expire
There is no specific amount of time after which a will becomes invalid. Instead, the concern is the risk of outside parties contesting the will on the basis of it containing outdated and inaccurate terms.
For example, if a person drafts a will before they have children, they may not name their descendants as their beneficiaries. Family members concerned about the accuracy of a will can potentially contest the document by showing how old it is and how changing circumstances may have altered the wishes of the testator.
For those concerned about ensuring that their wills remain valid, reviewing them and updating each document as necessary can limit the likelihood of a will contest based on the age of the document in question. Learning more about factors that can cause probate complications can help people establish effective estate plans and recognize when legal action in probate court might be necessary to uphold a loved one's wishes.]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[An advance health care directive vs. a power of attorney]]>https://www.tcklawfirm.com/?p=491262026-04-21T17:10:27Z2026-04-21T17:10:27ZIn California, you can use an advance health care directive if you want to spell out your wishes for future medical care. This is a common part of estate planning, especially as people grow older.
Your advance health care directive can focus on certain types of treatment that you do or do not want. This could include things like surgical procedures, resuscitation and CPR or the use of life support. Perhaps you do not want to be resuscitated or kept on life support, regardless of your condition. By giving these directions to the medical team through your estate plan, you ensure that your wishes will be followed and that family members do not have to make these decisions for you.
A medical power of attorney
But there is another way to address this, which is by using a medical power of attorney. This is also an estate planning document, but it names an agent to make decisions for you. You are not required to list specific preferences, but just to select the person who can make these decisions on your behalf.This means it is very important that you trust the person you choose with the power of attorney. It can be helpful to use an agent who can consult with your doctors at the time, meaning you do not have to guess about your future treatment needs. But you need to be sure that this person will actually make the decisions you would have made for yourself and that they will act in your best interests while you are incapacitated.
Drafting your estate plan
This helps to show how medical documentation can be an important part of your estate plan. Be sure you know what legal steps to take if you are drafting a plan this year.]]>On Behalf of Temmerman, Cilley, Kohlmann & Norcia, LLP.<![CDATA[What gets left out of wills more often than people realize]]>https://www.tcklawfirm.com/?p=491242026-04-13T10:12:07Z2026-04-06T14:26:03ZWhat often goes undocumented
Some of the most overlooked parts of a will involve details people assume do not require formal documentation, even though these areas often carry expectations without clear direction or shared understanding. Common examples include:
Unequal support or caregiving roles within the family
These details may seem minor or self-evident, which leads many people to exclude them and leaves the people handling your estate to resolve those questions without a reliable reference point.
How leaving out these details can lead to conflict
When you exclude these details, you increase the likelihood of conflict among the people you leave behind. Personal items can trigger disputes when more than one person claims a connection to them, while verbal promises can conflict or lack support.
These omissions can also shape how your estate passes to your beneficiaries. If your will does not reflect caregiving roles, prior support or sentimental priorities, others may rely on their own judgment of what seems fair, which can produce outcomes that do not align with your intentions.
Which assets are often left out on purpose
Some assets stay outside a will by design, since including them does not change how they transfer.
Life insurance and retirement accounts pass directly to named beneficiaries, while jointly owned property transfers to the surviving owner. Trust assets follow the terms set in the trust, and some accounts transfer through payable-on-death or transfer-on-death designations.
Where your will may fall short
Your will sets the foundation for how you want your assets handled, but anything you leave out will still move forward based on existing designations or on how others interpret the situation.
Reviewing what your will does not include can reveal whether it reflects what truly matters to you and where others may need to step in and decide on your behalf.]]>