Law Office of Guy W. Murray

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August is National Make a Will Month. Let me expound a bit on that, to suggest creating a complete Estate Plan, includin...
08/22/2026

August is National Make a Will Month.

Let me expound a bit on that, to suggest creating a complete Estate Plan, including a Revocable Trust, Pour Over Will, Durable Financial Power of Attorney, and Health Care Directive. Here’s why:

I have clients who came to us for such a plan, years ago. We prepared all these documents, at a time when they were healthy, competent, and completely capable of caring for themselves. Recently, their son contacted me and advised me that, attendant to their aging, they now required assisted living, unable to care for themselves any longer, in need of daily living assistance, including with their legal and financial affairs.

Fortunately because they had the foresight years earlier and prepared a complete Estate Plan, their son was able to assume the role of agent under their durable powers of attorney, and also as successor trustee under their trust. Their son now conducts their legal and financial affairs utilizing the documents created years ago.

Their foresight alleviated the need to petition a court to create a formal conservatorship, saving considerable money they will need for living. It also alleviated the need for formal court involvement and supervision in their lives.

This is a real life positive, practical outcome of having a complete and properly executed Estate Plan in place. The entire family was better served by this advance estate planning, saving considerable expense, and time, as well as preserving their privacy.

If you have questions about important estate planning documents like a trust or a power of attorney, and how important they can be, please call me (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

probate nipomoprobate nipomotrusts nipomowills trustsandestates trustlawyer probatelawyer personalinjury triallawyer trusts wills estateplan powerofattorney healthcaredirective digitalassets advancedirective estateplanning intestate intestacy livingtrust livingwill LegalZoom DIYEstatePlanning beneficiarydesignations

08/20/2026

EVERYONE OVER 18 SHOULD HAVE SOME ESTATE PLAN IN PLACE:

DON’T WAIT. Do Something today. Tomorrow is promised to no one . . .

If you have questions about important estate planning documents like a trust, will or power of attorney call (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

trustsandestates trustlawyer probatelawyer triallawyer trusts wills digitalassets advancedirective intestate intestacy livingtrust livingwill LegalZoom DIYEstatePlanning.

08/15/2026

ESTATE PLANNING BASICS

DON’T WAIT. Do Something today. Tomorrow is promised to no one . . .

If you have questions about important estate planning documents like a trust, will or power of attorney call (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

trustsandestates trustlawyer probatelawyer triallawyer trusts wills digitalassets advancedirective intestate intestacy livingtrust livingwill LegalZoom DIYEstatePlanning

08/10/2026

DON"T WAIT. Do Something today. Tomorrow is promised to no one . . .

If you have questions about important estate planning documents like a trust, will or power of attorney, call (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

08/09/2026

THE IMPORTANCE OF SELECTING THE RIGHT TRUSTEE

DON”T WAIT. Do Something today. Tomorrow is promised to no one . . .

If you have questions about important estate planning documents like a trust, will or power of attorney call (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

trustsandestates trustlawyer probatelawyer triallawyer trusts wills digitalassets advancedirective intestate intestacy livingtrust livingwill LegalZoom DIYEstatePlanning

How a Revocable Trust Avoids Probate In a revocable trust, the probate avoidance mechanism is the fact that the property...
07/22/2026

How a Revocable Trust Avoids Probate

In a revocable trust, the probate avoidance mechanism is the fact that the property, which is owned as a trust asset, is always owned by some person, in being. In other words, when the trustor creates a revocable trust, she names a successor trustee. During the trustor's lifetime, she is the trustor (as well as the trustee and beneficiary) and owns each of the trust assets in her name as trustee of the trust.

Upon the trustor's death, the successor trustee, by virtue of California Trust Law as outlined in the California Probate Code, and the governing trust document, then owns all the trust assets as the successor trustee in trust for all the beneficiaries. In other words, there is always someone who owns the trust assets:. The trustor, and original trustee during her lifetime. Then, upon her death, the successor trustee automatically assumes ownership of the trust assets, in trust for the beneficiaries.

This, in short, is the probate avoidance mechanism. A deceased person may not legally own property or have assets. Since there is always a trustee (the original and then the successor) who legally owns the assets, no probate is required. Probate is required when assets are no longer owned by a person in being, and the court process of probate determines how succession and subsequent ownership of those assets is established.

DON"T WAIT. Do Something today. Tomorrow is promised to no one . . .

If you have questions about important estate planning documents like a trust call (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation. All current consultations are by phone or Zoom Conference.

More Joint Tenancy PitfallsI often see real property deeds in my practice which reflect title held between spouses as jo...
07/17/2026

More Joint Tenancy Pitfalls

I often see real property deeds in my practice which reflect title held between spouses as joint tenants. As a general rule, this is not the best way to hold title. I also encounter circumstances where a single parent might add or consider adding a child as a joint tenant to a deed to real property that they own, as a way to avoid probate, and as a substitute for a complete estate plan. Again, as a general rule, this is not the best way to hold title to your real property.

If you add someone as a joint tenant, they now add your property to their list of assets. This means that they can borrow money against the property, or worst, the property can be sold to settle a liability or debt of the person you added to your property.

For example, if you add your daughter as a joint tenant on your home. Later, if she is found to be at fault in a bad car accident and her damages to the other party exceed her car insurance liability limits, the injured party may be able to force her and you to sell your property to pay for the damages.

If your daughter has a business and the business is sued. In this case as well your property could be used to pay off any judgments against her. If your daughter marries a person who is a financial liability they could also influence her to take advantage of “their property” formerly your property. She now owns your home too. She and her spouse could decide to move into your house, since she is half owner, which could lead to expensive and acramonious litigation.

DON’T WAIT! Do Something Today. Tomorrow is promised to no one . . .

If you have questions about titling assets in your name as trustee of your trust, or if you have questions about important estate planning documents like a power of attorney, trust or a will call me (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

Joint Tenancy PitfallsTaking title as a joint tenant with one or more persons doesn’t really create a simple, cheap, and...
07/15/2026

Joint Tenancy Pitfalls

Taking title as a joint tenant with one or more persons doesn’t really create a simple, cheap, and easy estate plan for asset management. You actually create an ownership rife with risk and a myriad of potential legal problems in the future. California Education of the Bar (CEB) explains:

“Property held in joint tenancy cannot be transferred by will or trust, and the intentions of a testator who does not understand this may be thwarted if the joint tenancy conflicts with the testamentary provisions in a will or trust (e.g., when the will of the deceased person devises the residue to someone other than the surviving joint tenant).

One dimensional. Joint tenancies provide one-dimensional planning, i.e., they transfer the asset to the surviving joint tenant. There is no opportunity to include an alternative plan if both joint tenants are deceased. The better strategy is to sever the joint tenancy so that each party owns a tenancy-in-common interest that can be separately devised. Each party can then provide in his or her will or trust for transfer of the asset to the other on death, with an alternative plan to take effect if the primary beneficiary has died.”

—California CEB; Source Material

DON’T WAIT! Do Something Today. Tomorrow is promised to no one . . .

If you have questions about titling assets in your name as trustee of your trust, or if you have questions about important estate planning documents like a power of attorney, trust or a will call me (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

probate nipomoprobate nipomotrusts nipomowills trustsandestates trustlawyer probatelawyer personalinjury triallawyer trusts wills estateplan powerofattorney healthcaredirective digitalassets advancedirective estateplanning intestate intestacy livingtrust livingwill LegalZoom DIYEstatePlanning beneficiarydesignations

Charlie Manson Had An Estate Plan:�So--it appears even Charles Manson may have created, at least a simple will. TMZ Repo...
07/14/2026

Charlie Manson Had An Estate Plan:�
So--it appears even Charles Manson may have created, at least a simple will. TMZ Reports and provides a copy of what purports to be Charlie's last will and testament. The article, a link to which is in the first comment, shows a copy of the purported will. It's hard to determine from what is shown, whether the will might be valid. There needs to be two witnesses, and of course Manson would have had to have had testamentary capacity at the time.

Ultimately only a California court would have the legal authority to determine whether such a document was a valid will. This would be the ultimate aim of a formal probate proceeding.

If Charlie had created a revocable trust, instead, he could have passed his estate, whatever that might have been, or now be, free of court involvement and without the need for a formal probate proceeding; however, I'm fairly certain he may not have had that level of sophistication. And, more important, his estate may not have met the probate threshold, which at the time he died was $166,250--meaning if his estate's value exceeded that amount, with a simple will, the law required a formal probate.

So, the question that needs to be answered is if one of California's most notorious convicted mass murders had the foresight to create an estate plan--admittedly limited in its scope, what about you? Do you have an estate plan in place? Have you taken the opportunity to plan for your own potential incapacity during your life, and how you would want your assets distributed post-death?

DON’T WAIT! Do Something Today. Tomorrow is promised to no one . . .

If you have questions about titling assets in your name as trustee of your trust, or if you have questions about important estate planning documents like a power of attorney, trust or a will call me (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

Charlie Manson Had An Estate Plan:�So—it appears even Charles Manson may have created, at least a simple will. TMZ Repor...
07/14/2026

Charlie Manson Had An Estate Plan:�
So—it appears even Charles Manson may have created, at least a simple will. TMZ Reports and provides a copy of what purports to be Charlie’s last will and testament. The article, a link to which is in the first comment, shows a copy of the purported will. It’s hard to determine from what is shown, whether the will might be valid. There needs to be two witnesses, and of course Manson would have had to have had testamentary capacity at the time.

Ultimately only a California court would have the legal authority to determine whether such a document was a valid will. This would be the ultimate aim of a formal probate proceeding.

If Charlie had created a revocable trust, instead, he could have passed his estate, whatever that might have been, or now be, free of court involvement and without the need for a formal probate proceeding; however, I’m fairly certain he may not have had that level of sophistication. And, more important, his estate may not have met the probate threshold, which at the time he died was $166,250–meaning if his estate’s value exceeded that amount, with a simple will, the law required a formal probate.

So, the question that needs to be answered is if one of California’s most notorious convicted mass murders had the foresight to create an estate plan—admittedly limited in its scope, what about you? Do you have an estate plan in place? Have you taken the opportunity to plan for your own potential incapacity during your life, and how you would want your assets distributed post-death?

DON’T WAIT! Do Something Today. Tomorrow is promised to no one . . .

If you have questions about titling assets in your name as trustee of your trust, or if you have questions about important estate planning documents like a power of attorney, trust or a will call me (805) 431-2812 or email; [email protected] at any time for a no cost, no obligation consultation.

Address

255 N. Wilson Street, Suite B; PO Box 180
Nipomo, CA
93444

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+18059297150

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