How To Choose the Best Guardian for Your Kids

Most estate planning mistakes are not made because people are careless.

They happen because people believe:

• They have more time
• A simple will is enough
• Their family will “figure it out” later

Unfortunately, that assumption can create enormous financial and emotional problems for the people left behind.

After years of working with California families, estate planning attorney Michael Pevney has identified 3 major mistakes that repeatedly create probate issues, family conflict, and unnecessary costs.

And the frustrating part?

Most of these problems are completely preventable.

Mistake #1: Not Putting Your House Into a Trust

This is probably the single biggest estate planning mistake California homeowners make.

People often believe:

“I already have a will.”

But in California, a will alone usually does NOT avoid probate.

That means if your home is only in your personal name when you pass away:

• Your family may need to go through probate
• The process may take 12 to 24 months or longer
• Probate fees can become extremely expensive

You can read more in how long do you have to file probate after someone dies in California.

What Probate Really Means

Probate is a court supervised process where the government oversees:

• Asset collection
• Debt payment
• Property transfers
• Inheritance distribution

And in California, probate fees are based on the gross value of the estate, not the equity.

Even a $1 million home can generate approximately $46,000 in probate costs.

That can happen even if:

• There is still a mortgage
• The property has limited equity

Probate Is Also Public

Many people do not realize this.

Probate records are generally public.

That means people can potentially see:

• What assets existed
• Who inherited them
• Approximate values

For families who value privacy, this becomes a major concern.

You can also review why a living trust is considered a private contract.

A Common Real Life Scenario

Parents own a valuable Orange County home.

They pass away without a trust.

After probate:

• The children inherit jointly
• Nobody agrees what to do with the property
• Family conflict begins

One sibling may want to: Sell the house

Another may want: Rental income

Another may simply want to continue living there.

Without proper planning, these disputes become common.

Why a Living Trust Helps

A properly funded living trust allows the home to:

• Avoid probate
• Transfer privately
• Follow your instructions

The successor trustee can manage and distribute the property according to the trust terms instead of waiting for court approval.

You can read more in what is a living trust in California.

Mistake #2: Letting the Government Decide What Happens to Your Children

If you have children under 18 and no estate plan, California already has a default plan for you.

The problem is:

Most parents would not like it.

What Happens Without a Plan

Without proper planning:

• A judge decides guardianship
• Children may inherit assets outright at 18
• Probate becomes likely

Michael Pevney explains that minors who inherit through probate typically receive their inheritance outright once they become adults.

That can be dangerous.

Especially if the inheritance includes:

• Life insurance
• Retirement accounts
• Real estate
• Investments

Why Age 18 Is Often Too Young

Most parents would not hand an 18 year old:

• Hundreds of thousands of dollars
• A paid off home
• Full control of investments

Yet that can happen without proper trust planning.

You can review this further in inheritance age 18 vs trust distributions.

The Risks of Outright Inheritance

Once money goes directly into a child’s name:

• It may become vulnerable to lawsuits
• Divorce risks increase later
• Creditors may gain access
• Financial mistakes become possible

And in California, inherited assets can sometimes lose separate property protection if they are mixed with marital assets.

You can also explore will my child’s inheritance be protected from divorce.

How Trusts Protect Children

A properly structured trust allows parents to decide:

• When children inherit
• How much they receive
• What conditions apply

For example:

• One third at 25
• Another portion at 30
• The remainder at 35

This creates financial structure while still supporting children responsibly.

Guardianship Matters Too

Without an estate plan:

Parents lose their voice in guardianship decisions

A judge must decide based on available information.

That is why naming guardians is one of the most important parts of estate planning.

You can also review what happens to kids without an estate plan in California.

Mistake #3: Not Getting Qualified Estate Planning Advice

This mistake creates enormous problems.

Many people:

• Use generic templates
• Hire attorneys who do not focus on estate planning
• Rely entirely on online tools or AI

Unfortunately, estate planning is highly detail oriented.

Small mistakes can create massive consequences later.

Estate Planning Is a Specialized Area of Law

Michael Pevney explains that estate planning is the exclusive focus of his legal practice.

That matters.

Because estate planning involves:

• Probate law
• Trust law
• Tax considerations
• Property transfers
• Beneficiary coordination

A “cookie cutter” approach often fails.

The Empty Trust Problem

One of the most common mistakes involves trusts that are never funded.

Pevney compares an unfunded trust to an empty bucket.

The trust may exist legally.

But if assets never make it inside:

Probate may still happen
The trust cannot control anything

This happens constantly.

People believe they completed estate planning simply because documents were signed.

But funding is essential.

What Does Funding a Trust Mean?

Funding means transferring assets into the trust.

This can include:

• Your home
• Bank accounts
• Investments
• Business interests

Without funding:

The trust is often powerless.

You can see examples in best way to transfer a house without probate in California.

Why DIY Estate Planning Is Risky

Many online services and AI tools promise cheap estate planning.

But there are major risks:

• Incorrect legal language
• State specific errors
• Unfunded trusts
• Missing documents

You can review this issue further in AI vs estate planning lawyer in California.

Estate planning mistakes are often not discovered until after someone passes away.

At that point:

Fixing problems becomes much harder and more expensive.

Estate Planning Is About More Than Death

One of the biggest misconceptions is that estate planning only matters after death.

In reality, a complete plan also addresses:

• Incapacity
• Healthcare decisions
• Financial management
• Guardianship
• Long term control of assets

That is why a complete estate plan typically includes:

• A living trust
• Powers of attorney
• Healthcare directives
• Guardianship nominations
• Beneficiary coordination

Why California Families Especially Need Planning

California creates unique estate planning challenges because of:

1. Extremely high real estate values
2. Expensive probate fees
3. Long court delays

Even middle class homeowners often need trusts simply because home values are so high.

The Real Purpose of Estate Planning

At its core, estate planning is not just about who receives your assets.

It is about:

1. Control
2. Privacy
3. Protection
4. Simplicity
5. Preventing family conflict

You can read more in the real purpose of estate planning control.

Key Takeaways

• Not placing your home into a trust can trigger probate
• Children inheriting outright at 18 creates major risks
• DIY or poorly drafted plans often fail
• An unfunded trust may not protect anything
• Estate planning is about control, privacy, and protection

Frequently Asked Questions

Is a will enough in California?

Usually no. A will generally does not avoid probate.

What happens if my trust is not funded?

Assets outside the trust may still go through probate.

Why are California probate fees so high?

Fees are based on gross estate value, not equity.

Can online templates create valid trusts?

Sometimes, but many fail because they are incomplete or improperly funded.

Final Thoughts

Most estate planning disasters are completely preventable.

But only if planning happens before a crisis.

A properly structured estate plan can help your family:

• Avoid probate
• Reduce conflict
• Preserve privacy
• Protect children
• Transfer assets smoothly

And the earlier you plan, the more options you usually have.

Protect Your Family Before Problems Start

If you own a home, have children, or want to avoid probate in California, now is the time to put a proper plan in place.

Schedule your free 30 minute Strategy Session today or call (949) 377-2996 to speak with us, your trusted Orange County estate planning team.