Michael Pevney

Passing It On: Estate Planning for Families

Business EN ↓ 238 episodes

California estate planning lawyer Michael Pevney discusses various topics regarding the important world of estate planning. Living trusts. Revocable trusts. Wills. Durable power of attorney. Advance healthcare directives. Estate planning is extremely important for every family that wants to control what happens to their bodies and their property both while they're alive and after they pass away.

Author

Michael Pevney

Category

Business

Podcast website

www.ocestateplanlawyer.com

Latest episode

Jun 10, 2026

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Episodes

Estate Planning Nightmare Scenario #2: The Family That Waited 10.06.2026

What happens when someone receives a serious medical diagnosis, speaks with an estate planning attorney, and then decides to wait? In this video, I share another real-world estate planning story that almost ended very differently. A family contacted me after receiving a serious health diagnosis. We had a full consultation, discussed their options, reviewed how a living trust could protect their fa...

I'm the Trustee Now — What Happens Next? 25.03.2026

What happens when the people who created a living trust pass away and I am now the one in charge as trustee? In this episode, I walk through what a successor trustee actually does after death, what trust administration looks like, and why a properly funded living trust can help a family avoid probate in California. I explain why trust administration does not happen automatically, even when there i...

Why Estate Planning Is Really About Control 05.03.2026

Control over your assets, your healthcare decisions, and your legacy — both while you are alive and after you pass away. In this episode, I explain why estate planning is not just about what happens when you die. A proper estate plan actually gives you control during your lifetime if you become unable to make financial or healthcare decisions. I also walk through the key documents that make up a c...

How to Shield an Inheritance from Divorce and Lawsuits 26.02.2026

If I left my child a million dollars tomorrow, would it actually be protected from divorce? In this episode, I walk through how inheritance works in California — especially in a community property state like ours — and why simply leaving assets outright to your kids can create serious risk. As an estate planning attorney here in California, I see this mistake all the time. Parents assume that beca...

How to Leave an Inheritance to a Child with Addiction Issues (Without Making It Worse) 23.02.2026

What happens if you leave a large inheritance to a child who is struggling with substance abuse, gambling, or serious financial irresponsibility? In this episode, I explain why leaving money outright to a vulnerable beneficiary can unintentionally cause real harm — and what I do instead when I design estate plans for families here in California. When you leave money outright, it goes directly into...

What Happens to Your Pets When You Die? 04.02.2026

What Happens to Your Pets When You Die? What actually happens to your pets when you die? In this podcast, I walk you through the 4 main ways you can make sure your animals—dogs, cats, birds, snakes, tortoises, even horses—are properly cared for after you're gone. As an estate planning lawyer here in California, I've helped clients set up everything from informal pet plans to formal pet trusts with...

When Is a Will Enough — And When Do You Really Need a Trust? 12.01.2026

In this episode, I dive into one of the most common estate planning questions I get: Is a will enough? Or do I need a trust? I break down when a will might be appropriate — and why, in most cases here in California, it falls short. Especially if you own real estate or have young kids, relying on just a will could cost your family tens of thousands of dollars and years of court time. You'll learn:...

Why I Won't Be Your Trustee — And Who You Should Choose Instead 31.12.2025

In this episode, I'm diving into one of the most important — and often misunderstood — parts of estate planning: choosing the right successor trustee . This isn't about who gets your assets. It's about who gives them out, and whether they're equipped to do it properly, fairly, and without conflict. I explain: What a trustee is actually responsible for after you pass Why I don't serve as a trustee...

Why Brides Don't Wear Their Mom's Wedding Dress — And What That Has to Do with Estate Planning in Ca 24.12.2025

Most brides don't wear their mom's wedding dress. Why not? It's sentimental, meaningful… and yet, rarely used. In this episode, I'll explain what this has to do with estate planning, family homes, and why passing down property the wrong way can create major conflict between siblings when a parent passes away. 👋 I'm Michael Pevney, estate planning attorney and founder of Pevney Estate Planning, PC...

Protect Your Child's Inheritance with a Spendthrift Trust 11.12.2025

Would your child make wise choices if they inherited $1 million tomorrow? If you're not sure—or if the answer is "definitely not"—this video is for you. I'm Michael Pevney, an estate planning lawyer based in Orange County, California, and today we're talking about spendthrift trusts—one of the most powerful tools in estate planning. A spendthrift trust allows you to leave assets like real estate,...

🎙️ Should You Put a Rental Property in an LLC? Asset Protection & Estate Planning Tips 18.11.2025

In this quick estate planning episode, attorney Michael Pevney breaks down whether putting a rental property—or any business—into an LLC makes sense as part of your overall estate plan. Learn why the first layer of protection is always solid insurance, and how creating an LLC adds a powerful second layer to shield your personal assets from business-related liability.   But that's not all: Michael...

🏡 How to Put Your Home in a Living Trust (Without Refinancing It) 10.11.2025

If you've ever wondered how to add your home to a living trust — especially when there's a mortgage on it — this episode is for you.   I'm Michael Pevney , a California estate planning attorney, and I help families protect their homes, avoid probate, and create peace of mind through solid estate planning. In this episode, I explain the exact steps to transfer your real estate into your living trus...

Will vs. Trust — What's the Best Choice for You? 03.11.2025

Confused about whether you need a will or a living trust ? In this episode, Michael Pevney, an experienced California estate planning lawyer, breaks down the key differences between the two — so you can make the best decision for protecting your family, your assets, and your legacy. You'll learn: What a Last Will & Testament really does Why a Revocable Living Trust often makes more sense in Califo...

What REALLY Happens If You Die Without a Trust in California? 28.10.2025

A lot of people think their family will just automatically get their home or savings if they pass away without a trust — but that's not how it works in California. In this video, I'm walking you through exactly what happens when someone dies without a trust in place. I'll explain the probate process — how long it takes, how much it costs, and why it's something I help my clients avoid every single...

Risk of Handwritten Wills – Lessons from Aretha Franklin's Estate 18.08.2025

Thinking about writing your will by hand? Think again. In this short episode, attorney Michael Pevney explains why handwritten wills (also called holographic wills) can leave your loved ones in years of conflict. Aretha Franklin's estate turned into a courtroom battle after multiple handwritten wills were found hidden around her home. Michael breaks down what went wrong, why handwritten wills are...

Skip Joint Tenancy: The Trust-First Way to Pass Your Home to Your Kids 30.07.2025

Adding a child to your deed or relying on a will feels "simple," but it can spark tax shocks, creditor risk, and a long probate slog. In this quick episode, discover why a revocable living trust is the cleaner, court-free route: Joint tenancy pitfalls – capital-gains surprises, liability headaches, and frozen titles if a co-owner dies. Why wills still land heirs in probate – and how that drains ti...

Leave It to a Friend: Passing Property Outside the Family in California 28.07.2025

Can a non-relative inherit your house, bank account, or prized guitar collection? Absolutely—if you set things up the right way. In this 7-minute episode, California estate-planning attorney  explains: • Why state law lets you leave assets to anyone—friend, partner, charity—if your documents are crystal-clear • How joint ownership, beneficiary designations, and wills work (and where they fall shor...

Ghost Title, Real Trouble: Why Houses Left in a Grandparent's Name Blow Up in Probate 25.07.2025

Still holding a property in Grandma's name years after she passed? That "do-nothing" approach can backfire fast. In this episode we unpack: • How an un-transferred title drags the whole family into probate court—and keeps the judge in charge of who inherits what. • The capital-gains hit waiting for heirs when a stepped-up basis clock never starts. • Real-life stories of sibling feuds that erupt wh...

No Kids, Still Covered: Why a Living Trust Makes Sense Once You Hit Minimum Assets 23.07.2025

Think living trusts are only for parents? Think again. If you own California real estate or have assets worth roughly $100,000 or more, a revocable living trust lets you decide exactly who gets what—and spares your heirs (or favorite charities) from the slow, pricey probate process that kicks in when the state follows its own default rules. You'll hear: • how a trust keeps courts—and distant relat...

Protect From Lawsuits! Top 3 Asset Protection Secrets REVEALED! 21.07.2025

Worried a lawsuit could wipe out everything you've built? In this value-packed episode, California estate-planning attorney Michael Pevney breaks down three proven layers of defense: • Insurance, insurance, insurance  – why an umbrella policy may be the cheapest million-dollar shield you'll ever buy. • Incorporate your business (or rentals)  – how an LLC or S-Corp walls off personal assets and wha...

DIY vs. Pro: 3 Ways to Set Up a Living Trust 18.07.2025

A solid living trust is the backbone of any complete estate plan—but what's the smartest way to create one? In this bite-sized episode we compare the three routes open to Californians: • Write it yourself. Great for legal-savvy DIYers, but one wrong clause can land your heirs in probate. • Use an online/doc-prep service. Faster and cheaper than hiring counsel, yet still "assembly line" and often m...

Cars, Trusts & the DMV: Keep Your Car Out of Probate 16.07.2025

Wondering if you should retitle your vehicle into your revocable living trust or just leave it under your own name? In this 10-minute episode we break down the three easy ways to move a car into a trust (full DMV retitle • simple personal-property assignment • listing it on your trust's Schedule A) and explain when each route makes sense—especially for classics or high-value collectibles. We also...

Handshake or Headache? Why Your Bank Account Belongs in a Living Trust 14.07.2025

Can you just name one sibling as the "beneficiary" of your checking account and count on them to share the cash later? Technically—yes. Practically—prepare for drama. In this quick episode, we unpack the legal and family risks of relying on promises instead of your revocable living trust : • Why "do-it-yourself" beneficiary shortcuts can sideline your true wishes • How properly titling an account...

Skip Probate: The Smarter Way to Pass Your Home to Your Kids 11.07.2025

Leaving your house to the kids in a will sounds simple—but it drags them straight into California's probate maze. And putting a child on the title? That move can trigger tax headaches and liability risks you never saw coming. In this episode, discover why a revocable living trust is the clean, court-free path for transferring your primary residence. We cover: • How one deed change drops your home...

One Trust, Many Beneficiaries: Splitting Your Estate the Smart Way 09.07.2025

Think multiple kids require multiple trusts? Think again. A single revocable living trust can carve up your estate any way you choose—equal shares, staggered ages, or bespoke gifts—while keeping everything under one cohesive legal umbrella. In this quick episode you'll learn how trustees use distribution clauses and sub-trusts to tailor inheritances, all while bypassing California's probate maze (...

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