Blog

After a parent dies with a California living trust, the successor trustee must notify beneficiaries within 60 days, secure and inventory assets, pay debts and taxes, and distribute property, all without going through probate court. This process typically takes 8 to 18 months and avoids the public, costly nature of probate, but it still carries real legal duties and deadlines that create personal liability if mishandled. Common mistakes include missing notice deadlines, mixing trust and personal funds, and distributing assets before settling debts. Families in Fresno and Madera County dealing with real estate, business assets, or family disagreements benefit most from professional guidance, while simple trusts with cooperative beneficiaries may be manageable independently. Understanding the phased timeline, required documents, and ongoing compliance duties helps trustees avoid costly errors and settle a parent’s estate efficiently and privately.

California does not currently impose a state estate tax, but Fresno families still face federal estate tax exposure, Prop 19 property reassessment, and income tax on inherited retirement accounts. The federal exemption sits at $13.99 million per individual for 2026 but drops significantly in 2027, making now a smart time for families with substantial real estate or investment holdings to review their trust structures. Revocable living trusts work well for most moderate estates by avoiding probate, while irrevocable trusts suit families needing asset protection or nearing federal exemption limits. The most common costly mistake is creating a trust but never properly funding it with real estate and accounts, which forces the family into probate anyway. Fresno and Madera County families can get direct attorney guidance, a free initial consultation, and flat-fee planning options to address trust funding, beneficiary designations, and Prop 19 exposure before problems arise.

Power of attorney and advance health care directives serve entirely different purposes in a California estate plan. One manages your finances during incapacity, while the other guides medical decisions when you can’t speak for yourself. Skipping either document can force your family into a costly, time-consuming conservatorship process through the courts. Barrus and Roberts, PC in Clovis helps Fresno and Madera County families put both documents in place correctly, working directly with clients rather than paralegals, with flat-fee options and a free initial consultation available.

Choosing between an LLC and an S corporation in California comes down to profit level, tax exposure, and how much administrative complexity a business owner wants to manage. LLCs offer simplicity and flexible pass-through taxation but subject full profit to self-employment tax, while S corp elections can reduce that tax burden once net profit climbs past roughly $50,000 to $60,000 annually, at the cost of running payroll and stricter compliance. California’s $800 minimum franchise tax applies to both structures regardless of income, and forming an entity out of state does not eliminate that obligation for businesses actually operating in Fresno or Madera County. The right choice depends on realistic profit projections, ownership structure, and long-term goals, making a direct conversation with an attorney valuable before filing formation documents.

Forming an LLC in California in 2026 requires filing Articles of Organization for $70, paying the mandatory $800 annual franchise tax every year regardless of profit, and staying on top of the biennial Statement of Information. New LLCs formed in 2026 get a first-year exemption from the $800 tax, but many owners are caught off guard when it comes due after that. Common mistakes include forgetting compliance deadlines, skipping the operating agreement, and mistakenly believing an out-of-state LLC avoids California fees when the business actually operates in California. Working directly with an attorney rather than filing solo helps business owners, especially those already holding real estate, structure their LLC correctly, protect personal assets, and avoid penalties or suspension from the Franchise Tax Board.