Law Offices of Tecla M. Lunak, APC Law Offices of Tecla M. Lunak, APC 2026-10-20T11:40:29Z https://www.lunaklaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1404173/2023/11/cropped-favicon-tecla-1-32x32.png On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[Do I really need a trust if I already have a will?]]> https://www.lunaklaw.com/?p=47311 2026-10-20T11:40:29Z 2026-10-20T11:40:29Z You may have written a will years ago, after buying a home, having children or realizing that your family needed a plan for the future. At the time, putting your wishes in writing may have felt like enough. Now, you may be hearing more about living trusts and wondering whether your will leaves something important unresolved. The answer depends on what you want your estate plan to accomplish.

What a will can and cannot do

A will directs how your estate should be distributed after your death and allows you to nominate a guardian for minor children. However, a will does not automatically spare your family from probate, the court-supervised process for settling an estate. Even when a will clearly names beneficiaries, your loved ones may need court approval to transfer certain assets. California offers simplified procedures for some estates, so probate is not necessary in every case. The type of property you own, how you hold title and the estate’s value can affect the process.

When a trust may offer more protection

A revocable living trust can help you plan for circumstances that a will alone may not address. For example, if you own a home that you want to leave to your children, transferring it properly into a trust can allow your successor trustee to manage or distribute it after your death without probate. Simply signing a trust document is not enough, however. You must transfer the intended assets into the trust for those assets to receive its benefits. Property left outside it may still require probate. A trust can also help if you want to control how beneficiaries receive an inheritance. Rather than giving a young adult the full amount at once, you could direct a trustee to distribute funds at certain ages or for specified needs. Planning for incapacity is another consideration. If illness or injury prevents you from managing your finances, a successor trustee can generally manage assets held in your trust. A durable financial power of attorney may still be necessary to address financial matters involving assets outside it.

Choose a plan that reflects your needs

Your estate plan should give your loved ones practical guidance on managing your affairs and carrying out your wishes when the time comes.  A will may be sufficient for your circumstances, or a trust may offer useful options for managing property, limiting probate and planning for incapacity. Consider what your loved ones would need to do to carry out your wishes, not just what your documents say. A California estate planning attorney can review your will, assess your assets and explain whether a trust or other documents would better address your family’s needs.]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[Can divorce change who inherits under your California will?]]> https://www.lunaklaw.com/?p=47309 2026-09-18T05:35:29Z 2026-09-18T05:35:29Z Your divorce is final, and you are ready for a fresh start. But what about the will you signed years ago? If it still names your former spouse, could your ex inherit your estate? California law answers part of that question, but its automatic rules have important limits. Here is how divorce can reshape your will and where gaps may remain.

Divorce can cancel gifts to your former spouse

California treats a finalized divorce as a significant change to your estate plan. Unless your will expressly says otherwise, a final divorce or annulment generally cancels gifts to your former spouse under California Probate Code Section 6122. This applies to a will you signed before your marriage ended. That automatic change takes effect only after a court enters a final judgment, so your spouse may inherit if you pass away while the divorce is still pending. A similar rule applies when a registered domestic partnership ends.

Legal separation does not have the same effect

Legal separation has a different legal effect. A court can divide property and set support in a legal separation, but it does not end your marriage. Because the marriage remains legally intact, the automatic rule does not apply. Your spouse can still inherit under your existing will unless you change it.

Executor appointments can end after divorce

Divorce can affect both inheritance and estate-management roles. An executor is the person you name to manage your estate, pay debts and distribute property after your death. A final divorce generally cancels your former spouse's role as executor, along with any role as trustee, conservator or guardian. If you chose a backup executor, that person may step in. Without one, a court will usually appoint someone.

Other parts of your will usually stay in place

Divorce does not invalidate your entire will, however. Gifts to your children, relatives, friends and charities typically remain valid. The other choices you made when setting up your will also stay in effect. Your will may therefore reflect old assets or outdated wishes.

Backup beneficiaries may inherit instead

So who receives a gift your former spouse can no longer take? California law generally treats your former spouse as if they died before you. The property then passes to your backup, or contingent, beneficiary. For example, if your will leaves your home to your spouse or, if your spouse dies first, to your children, your children would typically receive it. Without a backup, that share may pass under a residuary clause, which covers property your will does not specifically give away. It could also pass under intestacy rules, the default inheritance rules California applies when no valid instructions exist.

Updating your will can give you more control

Automatic rules can fill gaps, but they cannot fully reflect your current wishes. Reviewing your will soon after divorce, or even while your case is pending, lets you choose new beneficiaries and a new executor. The automatic restraining orders in California divorce cases generally still allow you to change a will. Life insurance and retirement accounts follow separate beneficiary forms, and federal law may control some employer plans, so review those too. Speaking with an estate planning attorney can help you decide which updates fit your new chapter.]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[Wills vs. trusts: Which tool is best for estate planning?]]> https://www.lunaklaw.com/?p=47276 2026-08-14T10:39:54Z 2026-08-18T10:00:38Z Estate planning often asks people to make decisions they would rather postpone. Questions about what happens after death can feel uncomfortable, especially when those decisions involve a home, family finances or the people who may need support. Yet leaving those choices unaddressed can create uncertainty for loved ones later. In California, a will and a trust can each help bring structure to an estate plan, but they serve different purposes. Understanding how they work can help families make more informed decisions about what belongs in their plan.

What does a will do?

A will lets someone state how they want certain assets distributed after death. It can also name a person to manage the estate and, for parents of minor children, identify a preferred guardian. A will does not avoid probate. Instead, the probate process can determine whether the will meets legal requirements and oversee the distribution of assets. That process can take time and may involve court filings and other costs. A will can still play an important role in a broader estate plan. For example, a person with a trust may use a will to address assets that did not transfer into the trust during life.

How can a trust work with a will?

A revocable living trust can hold property during a person's lifetime and provide instructions for managing and distributing those assets. The person who creates the trust can typically serve as trustee while alive and name someone else to manage the trust after death or incapacity. A trust may offer more privacy and can help avoid probate for assets properly transferred into it. However, creating a trust alone does not automatically place every asset under its terms. A California estate plan may use both documents because each can address different needs. The right combination depends on the person's assets, family circumstances and goals. A plan that works well for one household may not fit another.

Building a plan that fits

A will and trust do not have to be competing choices. In many estate plans, they work together to address different aspects of a person's wishes and provide loved ones with clearer direction. No single estate planning document can anticipate every change a family may face. A thoughtful plan can, however, give those decisions a place and provide clarity when loved ones may need it most. A California estate planning attorney can review individual circumstances and provide legal guidance on which documents may best support a family's goals.]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[Can I lose custody if I move away in California?]]> https://www.lunaklaw.com/?p=47274 2026-07-06T10:21:51Z 2026-07-20T10:00:24Z Life rarely stays in one place. A better job, lower housing costs or the chance to be closer to family can make moving feel like the right decision. For parents who share custody, though, relocating comes with another question: Will this affect my relationship with my child? Some parents may fear that relocating means automatically losing custody. Others believe they can relocate whenever they have primary custody. In California, neither assumption tells the full story. The answer depends on your custody order, the details of the move and whether the relocation continues to support your child's best interests.

Your custody order matters more than many parents realize

California does not treat every move the same way. A parent who already has sole or primary physical custody may have different rights than a parent who shares physical custody equally. That distinction often shapes how a court approaches a relocation request. Even so, having primary custody does not mean a move-away is automatic. The other parent still has the right to object and ask the court to review the proposed relocation. Depending on the circumstances, the court may allow the child to move, modify the custody arrangement or determine that relocating the child is not in the child's best interests. In those situations, the court may restrict the child's relocation while allowing the parent to decide whether to move without the child. Parents should also be mindful of any notice requirements before making relocation plans. California custody orders require advance written notice of a proposed move, often at least 45 days. Depending on the circumstances, parents may also need the other parent's written agreement or court approval before relocating with the child. Instead of asking whether a move is "allowed," California courts focus on whether the existing custody arrangement should change because of the move. That shift in perspective surprises many parents and can significantly affect the outcome.

The court looks beyond the distance

A relocation case involves far more than the number of miles between homes. Before deciding whether a custody order should change, a judge may consider:
  • Whether the move would disrupt the child's school, community and daily routine
  • How each parent has participated in raising the child
  • Whether a revised parenting schedule could preserve a meaningful relationship with both parents
  • The age and maturity of the child, including whether the child's preferences may be appropriate to consider
  • Whether either parent has tried to interfere with the other's relationship with the child
  • The practical reasons behind the move, such as employment or family support
The court does not simply reward or penalize a parent for relocating. Instead, it evaluates whether the move supports the child's long-term stability.

Careful planning can make a difference

Taking time to understand California's approach before accepting a job, signing a lease or making travel plans can help you make informed decisions. An experienced California family law attorney can explain how the law applies to your family's circumstances and help protect your relationship with your child.]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[Can you avoid probate in California without a trust?]]> https://www.lunaklaw.com/?p=47272 2026-06-25T15:25:54Z 2026-06-25T15:25:54Z What probate actually means in California Probate is the court-supervised process of transferring your assets after you die. In California, it applies to assets held in your name alone with no beneficiary designation, no joint owner and no trust. The process typically takes 12 to 18 months, and statutory fees can run 3 to 6% of the estate's gross value — on a $1 million estate, that could mean $46,000 or more before your family sees a dollar.

What tools can help you avoid probate without a trust

If you do not have a trust, certain assets can still pass directly to your beneficiaries without court involvement. Here are the main tools available:
  • Beneficiary designations: Pass assets directly to whoever you name, such as retirement accounts, life insurance policies and payable-on-death bank accounts, bypassing probate entirely, regardless of value.
  • Joint tenancy: Passes property automatically to the surviving owner upon death. For married couples, community property with right of survivorship works similarly and comes with favorable tax treatment.
  • Transfer-on-death deeds: Allow you to name who inherits your property without probate. The deed can be revoked at any time, making it more flexible than adding someone directly to the title.
  • Small estate procedures: Allow heirs to transfer personal property without court involvement if your probate assets total $208,850 or less, after a 40-day waiting period. A streamlined court petition is also available for a primary residence valued at $750,000 or less, with a six-month waiting period.
Used strategically, these tools can keep a significant portion of your estate out of probate. The challenge is that none of them covers everything.

So, can you avoid probate in California without a trust?

The answer is yes, but only for certain assets. If you own real estate beyond your primary residence, have assets in multiple states or your estate exceeds the small estate threshold, those tools will only take you so far. For many people in the Palm Desert area, the most practical approach is a combination of both: non-trust tools for accounts and policies, and a trust for everything else. If you are not sure whether what you currently have in place is enough, speaking with an estate planning attorney who knows California law can review what you own, how it is titled and identify any gaps before they become a problem for your family.  ]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[How to help your child cope with divorce in Florida]]> https://www.lunaklaw.com/?p=47265 2026-05-26T12:37:06Z 2026-05-26T12:37:06Z Understanding your child's emotional needs Children tend to process divorce differently depending on their age and personality. Your child might experience confusion, anger, sadness or even guilt about the separation. It is important to to help them recognize that these feelings are normal and valid. Consider creating a safe space where your child feels comfortable expressing their emotions without judgment. You might want to encourage your child to share their thoughts and concerns. Listen to your child and validate their feelings. Let them know the divorce is not their fault and that you still love them.

Maintaining stability and routine

Consistency could offer your child some comfort. You may want to keep your child's daily routines as normal as possible. This includes maintaining regular bedtimes, meal times and school schedules. Familiar routines can offer a sense of security when everything else seems to be changing. Try to avoid major lifestyle changes during this transition. Keeping your child in the same school and allowing them to continue their extracurricular activities can help them maintain their friendships, hobbies and interests.

Seeking professional support

Sometimes children need additional help processing their emotions. You might consider connecting your child with a counselor or therapist who specializes in helping children navigate family transitions. Many schools in Florida offer counseling services, and there are also private practitioners who focus on child psychology. Support groups specifically designed for children of divorce can also be beneficial. These groups allow children to connect with peers experiencing similar situations, helping them feel less isolated.

Putting your child first

Throughout the divorce process, it is advisable to shield your child from parental conflicts. Avoid speaking negatively about your former spouse in front of your child or using them as a messenger between households. Children benefit when both parents can cooperate respectfully regarding parenting decisions. In Florida, courts generally prioritize a child’s best interests when it comes to custody and time-sharing arrangements. Demonstrating your willingness to foster a positive relationship between your child and the other parent may be beneficial.

Supporting your child’s growth after separation

By prioritizing your child’s emotional well-being and providing consistent support, you can help them adjust to the changes that come with divorce. Patience, reassurance and healthy communication can strengthen your child’s sense of stability and help them grow and develop even after you separate from your spouse.]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[Not rich? You may still need a prenup]]> https://www.lunaklaw.com/?p=47263 2026-04-28T14:29:52Z 2026-04-28T14:29:52Z Why you may want to consider a prenup You may carry more financial responsibility than you realize, especially if your income, assets or obligations continue to grow over time and become more complex. A prenup lets you and your partner agree in advance on how to handle key financial issues, instead of relying on default legal rules that may not reflect your situation. You may want to consider a prenup if you:
  • Own a business, practice or partnership interest
  • Earn a high income or expect substantial income growth
  • Hold retirement accounts, investments or stock-based compensation
  • Carry student loans, tax obligations or business-related debt
  • Own real estate before the marriage
  • Have children from a prior relationship
These circumstances are common among professionals, not just the ultra-wealthy. If any apply to you, a prenup can help define financial boundaries and reduce the likelihood of future conflict.

What a prenup may cover and where limits apply

A prenup lets you decide how to treat certain financial matters during the marriage and if it ends. Instead of leaving everything to state law, you and your partner can create terms that reflect your specific circumstances as well as your long-term plans. You may use a prenup to:
  • Define what property will remain separate
  • Set expectations for income earned during the marriage
  • Address ownership and valuation of a business interest
  • Clarify responsibility for existing financial obligations
  • Protect future inheritances or family assets
For example, if you own a business or medical practice, a dispute during divorce could affect operations, valuation or control, which may disrupt ongoing work. A prenup can reduce that risk by setting expectations in advance. At the same time, a prenup cannot control every issue. You cannot use it to decide child custody or child support ahead of time. Courts will review those issues based on the child’s best interests at the time of separation, and they may decline to enforce terms that are clearly unfair or created under pressure.

Why it helps to start the prenup process early

Prenups often come together close to the wedding, when emotions and timelines can create pressure and limit careful review. In those situations, questions may arise later about whether each person had enough time to consider the agreement. When couples begin the process earlier, they have more time to evaluate the terms, understand the financial impact and make decisions with fewer time constraints, which can lead to more balanced outcomes. The conversation can feel more deliberate and less tied to the stress of an approaching wedding date.

Planning with your future in mind

Prenups are not only for the wealthy. For many professionals, they reflect how people build careers, manage assets and enter marriage with existing financial commitments. When you view it this way, a prenup focuses less on expecting a relationship to fail and more on deciding in advance how to handle important financial issues, regardless of what the future brings.]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[What factors affect the amount of child support in California?]]> https://www.lunaklaw.com/?p=47260 2026-03-19T15:41:44Z 2026-03-19T15:41:44Z How do courts calculate child support? Though courts examine each case individually, they use the same core factors to determine how much each parent must pay to cover child support. Judges also consider each parent’s income under California Family Code Section 4058 to help them calculate what they owe. This means that your wages, bonuses, commissions, self-employment earnings and other income affect the final total. Other factors that can affect the amount of child support include:
  • Timeshare: The percentage of time each parent has primary physical responsibility affects the amount.
  • Tax factors and mandatory deductions: The calculation accounts for items like taxes and certain payroll deductions.
  • Health insurance and childcare: Courts add reasonable health care coverage costs and child care expenses tied to work or education.
  • Other support duties: The support a parent provides for other children or a spouse can change net income inputs.
  • Additional factors: Uninsured health care costs, special needs expenses and hardship deductions can affect the calculation.
The court combines these inputs to reach a baseline number. In most cases, judges follow this guideline to ensure consistency and fairness. However, in instances where the court must adjust the amount, it must have a clear legal reason to do so.

The importance of evidence in receiving fair child support orders

If you want to increase your odds of receiving a more reasonable child support order, it is important to consider the factors that courts examine and gather appropriate evidence. By collecting income records, documenting your parenting time and tracking expenses such as childcare and health insurance, you can help the court calculate a fair amount of child support that accurately reflects your family’s needs.]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[Moving out of state with a child after divorce in California]]> https://www.lunaklaw.com/?p=47249 2026-02-19T08:32:54Z 2026-02-19T08:32:54Z A new job in Nevada. Family support in Arizona. A fresh start somewhere far from Palm Desert. After divorce, moving out of state with your child can feel like a natural next step. Yet, when you share custody, relocating is not just a personal choice. It reshapes your child’s daily life and the other parent’s time. Because of that impact, California courts take out-of-state moves seriously, especially when the move would change the current parenting schedule.

The best interest test in action

To begin with, judges focus on one central question: does the move serve your child’s best interests? That standard guides every relocation case in California.  Studies show that about 17% of custodial parents relocate at least an hour away within two years after divorce, which shows how normal it is to relocate. However, courts carefully weigh how such moves affect a child’s stability, schooling and family relationships. Rather than looking only at your reasons, the court examines the practical impact on your child’s daily life. Several factors often shape that review:
  • The reason for the move, such as a confirmed job offer in another state
  • The distance of the move and its effect on the current visitation schedule
  • The child’s age and connections to school, friends and the Palm Desert community
  • The level of involvement of each parent in daily care
  • The potential of a new parenting plan to maintain frequent contact with the nonmoving parent
Laying out a detailed relocation plan can show the court that you have considered these issues carefully. For example, proposing longer visits during summer and winter breaks may help offset the loss of weekly contact. Connecting the move to concrete benefits, such as higher income or safer housing, can also strengthen your position.

When a move turns into a custody fight

Even with a solid plan, conflict may arise. If the other parent objects, the case may move to a hearing where both sides present evidence.  At that stage, the focus often shifts from why you want to move to how the move changes your child’s routine. Showing reduced access, missed school events or weakened parent-child bonds can influence the judge’s decision. In some situations, the court may adjust custody rather than approve the relocation. Working with a family law attorney can help you anticipate objections and organize facts in a way that supports your goals.

Moving forward with a plan

In the end, relocating after divorce involves more than changing your address. Thinking through travel schedules, school transitions and long-distance communication can shape how the court views your request. When you connect each detail to your child’s well-being, you create a stronger path toward a new beginning.]]> On Behalf of Law Offices of Tecla M. Lunak, APC <![CDATA[California: Can you change custody orders without going to trial?]]> https://www.lunaklaw.com/?p=47247 2026-01-22T11:54:25Z 2026-01-22T11:54:25Z Are trials needed to change custody orders? Divorced parents do not need to go to trial if they reach an agreement regarding changes to their custody orders. If both spouses consent and file a request together, California judges can review the proposed changes. Potential modifications to a custody order are only legally binding with a judge’s signature, and judges are more likely to sign your agreement if it has your child’s best interests in mind.

What if you do not have the consent of the other spouse?

In California, it is important to have the consent of both spouses if you want to have custody orders changed in a smooth and timely manner. However, if one spouse does not consent to the changes the other proposes, California courts may refer them to mediation, where they can settle their differences and reach a compromise. If mediation fails, then the spouses will likely need to go to trial to present their cases. Depending on the evidence in court, which typically includes proof that there have been material or substantial changes in each spouse’s circumstances, the judge will make a decision depending on which side benefits the child the most.]]>