Estate planning FAQ for San Diego families

For many California homeowners, a revocable living trust is the better fit because assets held in a properly funded trust pass to your beneficiaries without probate. A will alone generally has to go through probate court if your estate is above California's small-estate limit. A will is still essential for naming guardians for minor children. The right answer depends on your assets and family, which is what a consultation is for.

California sets the attorney's and executor's base fees by statute (Probate Code §§ 10800 and 10810): 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, and lower percentages above that. The fee is based on the gross value of the estate, not equity — so a $1,000,000 estate means a statutory fee of $23,000 to the attorney and another $23,000 to the executor, plus court and other costs.

Your property is distributed under California's intestate succession laws (Probate Code §§ 6400–6414), usually through probate. Your community property goes to your surviving spouse, but separate property may be split between your spouse and your children, parents or siblings. A court — not you — decides who serves as administrator and, for minor children, who serves as guardian.

The firm is in Scripps Ranch at 10620 Treena St., Suite 230, San Diego, CA 92131 — right off the I-15 between Carroll Canyon Road and Mira Mesa Boulevard. We serve clients throughout San Diego County.

Yes. Irina Sherbak is fully bilingual in English and Russian and works with Russian-speaking families throughout California, including recent immigrants and naturalized U.S. citizens.

A typical plan includes a revocable living trust, a pour-over will, a durable power of attorney for finances, an advance health care directive, and documents transferring assets (such as a deed for your home) into the trust. Some plans add a HIPAA authorization, guardian nominations, or a special needs trust.

No. A will tells the court how to distribute your property, but if your probate assets exceed California's small-estate limit (Probate Code § 13100, currently $208,850 for deaths on or after April 1, 2025), your estate will generally still go through probate. A funded living trust is the most common way to avoid it.

Review your plan whenever your family or finances change — marriage, divorce, a birth, a death, buying or selling a home — and periodically even when nothing has changed, since laws change too. If your power of attorney or health care directive is many years old, banks and hospitals may be more hesitant to rely on it.

A successor trustee gathers and protects the trust assets, notifies beneficiaries and heirs (Probate Code § 16061.7), pays valid debts, expenses and taxes, keeps beneficiaries reasonably informed, and distributes assets according to the trust. The firm guides trustees through each step.

If a person no longer has capacity to sign a power of attorney, the family may need to ask the court for a conservatorship. That is one of the most important reasons to sign a durable power of attorney and an advance health care directive while you are healthy.

Estate plans are prepared for a flat fee agreed in advance. Probate matters are billed hourly. We explain the fee for your situation during the free consultation.

Yes. The firm handles conservatorships and guardianships in addition to estate planning, trust administration and probate.

Yes. The first 30-minute consultation is free, and you can meet in person at our Scripps Ranch office, by phone, or by Zoom video. We also offer a free review of existing estate plans.