Preston Estate Planning, APLC

Preston Estate Planning, APLC Preston Estate Planning has 40+ years of experience protecting families and legacies. Contact us today! Preston Estate Planning, A.P.L.C.

Our mission is to ensure peace of mind with specialized estate planning solutions. For informational purposes only, nothing below is legal advice. is a full service estate planning law firm that has been in practice for over 40 years. As California State Bar Certified Specialists in Estate Planning, Trust, and Probate Law, we pride ourselves on using our considerable knowledge and expertise to protect families by preserving their assets, for them and their posterity. While other estate planning law firms primarily focus on avoiding probate, Preston Estate Planning takes on additional challenges facing families such as disability problems, minimizing the capital gains tax dilemma, and making sure assets stay in the family. Our goal is to provide you with the same level of protection and service that we provide to our own families.

09/24/2026

A beneficiary wants their inheritance now. But distributing trust assets too early can create a serious problem for the trustee. ⚖️

After the required notice is mailed, there is a 120-day statutory period during which an heir or beneficiary may bring a trust contest.

If a contest happens during that window, distributions may need to stop while the challenge is addressed. If the trustee has already distributed assets, they could be responsible for money that should have remained in the trust.

Pressure from beneficiaries is common, but waiting until the 120-day period has passed can protect both the trust and the trustee.

09/23/2026

You’ve probably heard that when someone dies, the trustee needs to get the home appraised. 🏠 But that isn’t always necessary.

If the property is sold within a reasonable time after the date of death and the market hasn’t changed significantly, the sale price may be used to establish the date-of-death value.

That can potentially save the $700 cost of an appraisal and make the process a little simpler.

The key is timing and the circumstances surrounding the sale. ⚖️

09/22/2026

A trustee can’t distribute assets based on what Mom or Dad said they wanted. The trust document controls. 📄

Even when the intentions seem clear, verbal wishes about leaving money to a caregiver, grandchild, neighbor, or anyone else may be very different from what the trust actually requires.

Another common mistake? Following an outdated version of the trust. Amendments and modifications can change distribution instructions over time, which is why trustees need to identify the most recent controlling documents before making distributions.

Before distributing anything, understand exactly which documents are in effect and what they require. ⚖️

09/18/2026

When a homeowner dies, don’t assume the county will reach out and tell you what needs to happen next. 🏠

Real estate can come with important deadlines after a death, and missing them may affect the property’s tax treatment. The county assessor usually does not know that the owner has passed away, so simply continuing to live in the home doesn’t mean everything has been handled.

This is why real estate is one of the areas trustees and beneficiaries need to address early rather than waiting until a problem appears.

09/17/2026

Should a trustee read the entire trust from beginning to end? Maybe not. 📄

Much of a trust document is written for banks, financial institutions, county assessors, title companies and others who may need to verify the trustee’s authority.

For the trustee, the key is knowing which sections actually guide their responsibilities — including how the trust should be administered and how assets should be distributed. 🔍

Sometimes, understanding the right sections matters more than trying to understand every page. ⚖️

09/16/2026

Your trust might say your children inherit 50/50 — but that doesn’t automatically mean every asset will be divided that way. 📄

IRAs, 401(k)s, and other accounts with beneficiary designations can pass directly to the person named on the account, regardless of what the trust says. Jointly owned assets may also pass directly to the surviving owner. ⚖️

That means one account outside the trust could change how your overall estate is ultimately distributed. 🔍

EstatePlanningTips

09/14/2026

Trustee and executor are often confused but they have different roles. 📄

A trustee manages the trust and its assets. An executor is the person named in the will who may be responsible for handling the probate process if one is needed. ⚖️

In many estate plans, the same person may be named for both roles but the title and responsibilities depend on which document and process are involved.

Knowing the difference can make an estate plan much easier to understand. 🔍

09/12/2026

Getting a new tax ID number for a trust might sound like a simple online task - but it’s surprisingly easy to get wrong 🧾

After the trustmaker passes away, the successor trustee usually can’t keep using that person’s Social Security number. A new tax ID number may be required.

The problem? The IRS application can be more complicated than it looks, and small mistakes can create unnecessary issues later ⚠️

“Easy” paperwork isn’t always as easy as it seems 📄

09/11/2026

Even a well-planned estate can run into problems after someone passes away 📄

Often, the issue isn’t the trust itself - it’s what happens next. Trustees have important responsibilities, and certain mistakes during trust administration can create delays, complications, and even family conflict ⚖️

In this series, we’re breaking down 10 common trustee mistakes we see and why avoiding them matters.

09/10/2026

A “no-contest” clause doesn’t mean a trust can’t be challenged. 📄

After a trust becomes irrevocable, beneficiaries and heirs may have a window to challenge it. In California, that window is generally 120 days after the required notice is served - which is why sending that notice is such an important part of trust administration. ⏳

Miss that step, and the opportunity to challenge the trust may remain open much longer than expected. ⚖️

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