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# Gaudy Law, Inc.: Gaudy Law in Upland, California, provides estate planning, probate, trust administration, and business law services. Contact us today for a free consultation!

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## Posts
- [Executor vs Trustee vs Guardian in California: What’s the Difference?](https://gaudylaw.com/estate-planning/executor-vs-trustee-vs-guardian-in-california/): Estate planning is an essential step to protect your family and your future. However, getting started can feel overwhelming, with many factors and options to consider.
- [California Estate Planning Checklist – Step-by-Step Guide](https://gaudylaw.com/estate-planning/california-estate-planning-checklist/): Estate planning is an essential step to protect your family and your future. However, getting started can feel overwhelming, with many factors and options to consider.
- [How Much Does Estate Planning Cost in California?](https://gaudylaw.com/estate-planning/how-much-does-estate-planning-cost-in-california/): Estate planning is an essential step to protect your family and your future. However, getting started can feel overwhelming, with many factors and options to consider.
- [Trustee or executor not doing their job, keeping you informed, or refusing to distribute the estate.](https://gaudylaw.com/probate-trust-conflict-litigation/trustee-or-executor-not-doing-their-job-keeping-you-informed-or-refusing-to-distribute-the-estate/): If you're facing issues with a trustee or executor, it's important to seek legal guidance promptly. Our team can help you understand your rights and options for addressing the situation effectively. If you’re not located in California, we recommend reaching out to an attorney near you and explaining your exact situation.
- [What is Probate?](https://gaudylaw.com/probate/what-is-probate/): Probate is a legal process that validates and executes the terms of a deceased individual's will. It involves the court overseeing the distribution of the deceased's assets, settling outstanding debts, and ensuring that the rightful beneficiaries receive their inheritances. Essentially, probate serves as a mechanism for transferring ownership of the deceased's property to the intended recipients.
- [What do I do if an Estate or Trust isn’t being Managed Correctly?](https://gaudylaw.com/probate-trust-conflict-litigation/estate-or-trust-isnt-being-managed-correctly/): If an estate or trust isn’t being managed correctly, there are some actions you can take.
- [How does Trust Administration Work in California?](https://gaudylaw.com/trust-administration/how-does-trust-administration-work-in-california/): Your parents died with a living trust, and you’re the person designated to fulfill the wishes in the trust.
- [What is a living trust?](https://gaudylaw.com/estate-planning/what-is-a-living-trust/): A living trust is a legal document that ensures that you have full control over what happens to your assets when you pass away.
- [Does transferring a property into a living trust protect me from creditors or lawsuits?](https://gaudylaw.com/estate-planning/does-transferring-a-property-into-a-living-trust-protect-me-from-creditors-or-lawsuits/): Unfortunately, transferring a property to a living trust does not protect you. One of the advantages of a living trust is that you can change it. The reason you can change it is because you've maintained full control.
- [Would a virtual assistant help you do more?](https://gaudylaw.com/business-tips/would-a-virtual-assistant-help-you-do-more/): Here's a great podcast is from the CEO of a company called Belay. He discusses the world of virtual office spaces and his company of over 400 people with zero office space!
- [Am I required to pay employees for travel time?](https://gaudylaw.com/business-legal-tips/am-i-required-to-pay-employees-for-travel-time/): Employee Travel Time...
- [California Law to stay up to date on…](https://gaudylaw.com/business-legal-tips/california-law-to-stay-up-to-date-on/): The legal landscape for California employers is ever-changing.
- [How to make sure insurance companies won’t deny coverage: Helpful Tip!](https://gaudylaw.com/business-legal-tips/how-to-make-sure-insurance-companies-wont-deny-coverage-helpful-tip/): You’ve taken great care in setting up your business, including purchasing various insurance policies to protect against potential claims and lawsuits.
- [New Requirements for Sexual Harassment Training](https://gaudylaw.com/business-legal-tips/new-requirements-for-sexual-harassment-training/): California recently enacted SB1343, which amended California’s Fair Employment and Housing Act (“FEHA”) to expand employers’ sexual harassment training requirements.
- [Are you over inspired?](https://gaudylaw.com/business-tips/are-you-over-inspired/): Today's business tip is simple:
- [Does Your Website Comply With The ADA?](https://gaudylaw.com/business-legal-tips/does-your-website-comply-with-the-ada/): So you spent money on developing a fancy website for your business, but is it accessible to the disabled?
- [Business Tip: How to Build a Support Network](https://gaudylaw.com/business-tips/business-tip-how-to-build-a-support-network/): You need a support network. A group of people who are in a similar stage of career or life who can give you counsel when you need it and who you can go to for quick thoughts on plans you're making.
- [Employee or Independent Contractor?](https://gaudylaw.com/business-legal-tips/employee-or-independent-contractor/): Have you ever wondered how to figure out if someone who works for you should be considered an employee or an independent contractor?
- [Business Tip: Why Your Marketing Message Should Be Simple](https://gaudylaw.com/business-tips/business-tip-why-your-marketing-message-should-be-simple/): Marketing your business sometimes feels like the least fun part of running a business.
- [Why an LLC is a smart idea and why you need to keep yours up to date.](https://gaudylaw.com/business-legal-tips/why-an-llc-is-a-smart-idea-and-why-you-need-to-keep-yours-up-to-date/): It's also the best way to formalize agreements of ownership and management roles between yourself and your business partners. They are very easy to create but are very often not effective at limiting your personal liability as they are not created correctly or more often not kept up to date.
- [Avoiding Leadership Pitfalls…](https://gaudylaw.com/business-tips/avoiding-leadership-pitfalls/): “We’ve all seen the breaking news headlines. It’s yet another leader who’s crashed and burned with a financial scandal, an affair, or a struggle with addiction. The leader’s family is wrecked. The organization blows up. Millions of dollars are lost in the brand’s tarnished reputation. Everything falls to pieces. And these scandals happen so often to our political and corporate leaders that we tend to assume they’re the inevitable result of pressure or some character flaw. But as today’s podcast guest explains, it can all be prevented.”
- [What’s your process for new hires?](https://gaudylaw.com/business-tips/whats-your-process-for-new-hires/): "Should I have a process for new hires or just go with my gut?"
- [Should I have an email disclaimer?](https://gaudylaw.com/business-tips/should-i-have-an-email-disclaimer/): “Should I have an email disclaimer for my business?" YES! And you should do it today!
- [Arbitration agreements?](https://gaudylaw.com/business-legal-tips/arbitration-agreements/): Here's why...
- [Business Solutions](https://gaudylaw.com/business-tips/business-solutions/): Start with your “why”How many times have we heard of leaders who can’t inspire others? Or managers who can’t get employees to perform at the level they could be? It’s a common struggle and one that many of us have wrestled with. Over time, I’ve learned that to really inspire those that follow you, you’ve got to know your “why”. Your “why” is not simply to make a profit. Profit is only a result, but not the actual “why”. We need to look deeper. All of our favorite companies do this, and you can too. The “why” is what you believe; it’s your purpose. Do you believe in developing people over products? Do you believe in making the world better with every interaction you have? Do you believe in challenging the status quo (Apple Computers)? When you start with the “why”, it inspires how you create, what you create, and ultimately it inspires those around you. When something feels off, or your gut is telling you to stay away from something, or some product, this can be the result of not being on board with someone or some company’s “why”. Start with your “why” and watch as others pick up on a gut feeling of trust for you and your company. Watch Simon Sinek explain this on his TED talk, How Great Leaders Inspire Action
- [Do you trust your employees? Really trust them?](https://gaudylaw.com/business-tips/do-you-trust-your-employees-really-trust-them/): How do we build up trust with our employees? Well, we can start by doing what we say we’re going to do consistently and… by trusting them.
- [Badmouthing from a terminated employee… be very careful with this one.](https://gaudylaw.com/business-legal-tips/badmouthing-from-a-terminated-employee-be-very-careful-with-this-one/): “What do I do if a recently terminated employee is badmouthing me, the employer, to my customers and remaining employees?”  Great question! 😊This can happen to anyone...
- [Changes to lactation requirements in California…](https://gaudylaw.com/business-legal-tips/changes-to-lactation-requirements-in-california/): Big news on expanding the California Labor Code and Health and Safety Code to require additional lactation accommodation for employees. 
- [Motor Carrier’s Get Temporary Relief From AB5](https://gaudylaw.com/business-legal-tips/motor-carriers-get-temporary-relief-from-ab5/): Motor Carrier’s Get Temporary Relief From AB5 (Independent Contractor or Employee)
- [Start Organizing Your Time](https://gaudylaw.com/business-tips/start-organizing-your-time/): This week’s podcast recommendation is from Dan Sullivan and Joe Polish. Dan’s book “The time breakthrough” and his use of Free days, Focus Days, and Buffer days has been a huge part of organizing my time extremely well.
- [Are you using background checks for every new hire?](https://gaudylaw.com/business-legal-tips/are-you-using-background-checks-for-every-new-hire/): What do you need to know about background checks when hiring?
- [Stop letting email rule your life.](https://gaudylaw.com/business-tips/stop-letting-email-rule-your-life/): “Is there a better way to handle my email?” YES!  
- [You’ve heard about arbitration agreements (they are LIFESAVERS for businesses).](https://gaudylaw.com/business-legal-tips/youve-heard-about-arbitration-agreements-they-are-lifesavers-for-businesses/): Ask any business that has been involved in a lawsuit. It is expensive, requires substantial time and resources, and can create terrible working morale.
- [Advertising Disruption](https://gaudylaw.com/business-tips/advertising-disruption/): How has Advertising changed through the years?
- [New Law Affecting your business: California Assembly Bill 5 (the gig worker bill)](https://gaudylaw.com/business-legal-tips/new-law-affecting-your-business-california-assembly-bill-5-the-gig-worker-bill/): Very recently, California’s governor signed into law a piece of legislation that dramatically reshapes how employees and independent contractors are defined.
- [The trick to seeing what your customer sees.](https://gaudylaw.com/business-tips/the-trick-to-seeing-what-your-customer-sees/): We all know that it’s important to think about how our customers experience our business. 
- [Why you should use non disclosure agreements.](https://gaudylaw.com/business-legal-tips/why-you-should-use-non-disclosure-agreements/): Should I use non-disclosure and confidentiality agreements for my employees and independent contractors? YES!
- [What do I do when an employee doesn’t show up for work?](https://gaudylaw.com/business-legal-tips/what-do-i-do-when-an-employee-doesnt-show-up-for-work/): How you handle the termination of an employee can have huge legal consequences.
- [What is your company’s brand? (It’s not what you think)](https://gaudylaw.com/business-tips/what-is-your-companys-brand-its-not-what-you-think/): Have you ever thought about branding for your company?If I ask you “what is your brand?” how do you respond?Is it your logo? Your colors? Your overall “look”?
- [You’re too stressed (and your business is probably suffering from it).](https://gaudylaw.com/business-tips/youre-too-stressed-and-your-business-is-probably-suffering-from-it/): Entrepreneurs, and business owners in general, tend to be people who work hard and want to make an impact.
- [If you have commission agreements set up…](https://gaudylaw.com/business-legal-tips/if-you-have-commission-agreements-set-up/): Plenty of companies use commission incentives to encourage employees to be more invested in the company.
- [What are you putting in your brain this week?](https://gaudylaw.com/business-tips/what-are-you-putting-in-your-brain-this-week/): Business owners are unique. We’re risk-takers, doers, changers, and challengers.
- [What is probate and do I need it?](https://gaudylaw.com/probate/what-is-probate-and-do-i-need-it/): This is the most common question we get.
- [Do I need a lawyer if my parents died with a trust?](https://gaudylaw.com/probate/do-i-need-a-lawyer-if-my-parents-died-with-a-trust-3/): Typically, the answer to that is no thankfully.
- [I’ve been appointed as administrator or executor of the probate. What happens next?](https://gaudylaw.com/probate/ive-been-appointed-as-administrator-or-executor-of-the-probate-what-happens-next/): Once appointed, the court will issue letters of administration if there is no will or letters testamentary if there is a will. It is the piece of paper that you will need to go to different financial institutions.
- [Gaudy Law Estate Planning Documents Overview](https://gaudylaw.com/gaudy-law-client/gaudy-law-estate-planning-documents-overview/): These can be received in the mail or uploaded into your My Case account.
- [I’ve hired Gaudy Law for my probate. What happens next?](https://gaudylaw.com/gaudy-law-client/ive-hired-gaudy-law-for-my-probate-what-happens-next/): We will be drafting your documents over the next two weeks. Our goal is to get the documents filed within 10 days of the day that we were hired. After we file with the court, we will get our court date. By law, the date is supposed to be 30 days later but it is often 45 days later.
- [What do I need to know about my estate planning intake sheet?](https://gaudylaw.com/gaudy-law-client/what-do-i-need-to-know-about-my-estate-planning-intake-sheet/): We have tried to create the intake sheet so that it makes a lot of sense even if you're not an estate planning lawyer. Let's walk through it.
- [Can I do my estate planning through LegalZoom?](https://gaudylaw.com/estate-planning/can-i-do-my-estate-planning-through-legalzoom/): As a person who is a do-it-yourselfer, I understand the urgent desire to say, "Look, I can do this myself." But what it really comes down to is: is that true? Are you a person who can take legal documents that are printed off of a computer, whether it is LegalZoom, a do-it-yourself book, or one of these self-help legal services that are paralegal based, and carry it out?
- [I’ve been appointed as administrator or executor of the probate. What happens next?](https://gaudylaw.com/gaudy-law-client/ive-been-appointed-as-administrator-or-executor-of-the-probate-what-happens-next-2/): Once appointed, the court will issue letters of administration if there is no will or letters testamentary if there is a will. It is the piece of paper that you need to go to different financial institutions.
- [Should I discuss with my children how they fit into my trust?](https://gaudylaw.com/estate-planning/should-i-discuss-with-my-children-how-they-fit-into-my-trust/): It usually comes down to children and many people completing this process are doing it when their children are older. It is also important to do it even when children younger for guardianships and supervision reasons.
- [How do I deal with going through the contents of the home and should I have an estate sale?](https://gaudylaw.com/probate/how-do-i-deal-with-going-through-the-contents-of-the-home-and-should-i-have-an-estate-sale/): It can be very overwhelming for the person who's in charge of an estate after a person passes away because that person may have gathered a lot of stuff. We all have stuff and the longer you live the more of that stuff you accumulate. There are a variety of things in a home, ranging from items that really matter to people like pictures or jewelry, to things nobody cares about like the old couch, and then all different things in between.
- [How long does the estate planning process take?](https://gaudylaw.com/estate-planning/how-long-does-the-estate-planning-process-take/): It usually takes on or off, about three weeks. There are exceptions, such as an emergency process where sometimes a family member is in the hospital passing away and we can do it in 24 hours with additional cost. But it is typically about three weeks.
- [Why are there so many things in my trust that don’t seem like they apply to me?](https://gaudylaw.com/estate-planning/why-are-there-so-many-things-in-my-trust-that-dont-seem-like-they-apply-to-me-2/): I know it can seem like you are signing every piece of paper that's ever existed in the world but it's there because I think it needs to be there. I've drafted so many of these and seen so many of them go and avoid the probate process or whether a tax, etc. but if it's there it's because I think it needs to be. It may be, something where you say, "Foreign property. I don't have foreign property." Yet I have seen people saying that and then inheriting foreign property from a distant relative. It's remote, but why not have it there just in case? This doesn't mean we're just kitchen sinking it and throwing everything in, it's there because I've seen it be a problem in the past. I've worked on a couple of thousand cases just like this, and it just makes me feel so much better to know that it's there if I need it. 
- [What do I do if I don’t have a good choice for an executor or trustee of my estate?](https://gaudylaw.com/estate-planning/what-do-i-do-if-i-dont-have-a-good-choice-for-an-executor-or-trustee-of-my-estate/): Many times this will occur because the person is an only child and does not have children of their own or a spouse has passed away. We are happy to help in these situations by figuring out who else they may know. Sometimes we will go broader and look into a CPA or someone from our office to act as trustee. We try to avoid that because it is better to have somebody in the family do it.
- [As a small business owner, why do I need a lawyer?](https://gaudylaw.com/small-business-law/as-a-small-business-owner-why-do-i-need-a-lawyer/): Many find out they need a lawyer when it's too late. I constantly hear from our business clients, "I never saw it coming." And what I always ask them is, "Are you sure you didn't see it coming or could you have done something to make it where the thing that happened would have never happened?" The answer is almost always yes.
- [What is a conservatorship and do I need one?](https://gaudylaw.com/conservatorship/what-is-a-conservatorship-and-do-i-need-one-2/): A conservatorship is needed if you have a loved one who is older and getting into the first stages of dementia; Alzheimer’s; or who is younger but maybe developmentally disabled.
- [What is a living trust and do I need one?](https://gaudylaw.com/estate-planning/what-is-a-living-trust-and-do-i-need-one/): For most people the word trust, living trust, and revocable living trust are interchangeable terms that mean the document you're creating in California and in some other states, to make sure that when you die your estate does not go through the probate process. Probate is long, expensive, public and you don't have control over what happens.
- [What do I do if I can’t quite figure out how to work MyCase?](https://gaudylaw.com/gaudy-law-client/what-do-i-do-if-i-cant-quite-figure-out-how-to-work-mycase/): The best thing to do when you have questions is to call us immediately and say, "You know here's my issue. I've gotten my case in, I can't figure out." Usually, it's a quick fix for us and we can easily walk you through how to do it.
- [What if the creator of a will or trust didn’t have capacity or was under undue influence?](https://gaudylaw.com/probate-trust-conflict-litigation/what-if-the-creator-of-a-will-or-trust-didnt-have-capacity-or-was-under-undue-influence/): One of the most difficult situations to be in is to receive a set of documents from a loved one that disinherits you or leaves you less than you thought you were going to get. We see this weekly. We have people calling saying, "I was left out of the will. I should have been-- There's no way this is what my mom, grandfather, sister, brother would have wanted." We definitely take those cases but they are very hard to prove. As people age, many times they will draft documents in the throes of Alzheimer's, but that does not necessarily mean they don't have the capacity.
- [What do I need to know to protect myself from employee issues and lawsuits?](https://gaudylaw.com/small-business-law/what-do-i-need-to-know-to-protect-myself-from-employee-issues-and-lawsuits/): It really is a sad day when I get a call from a business owner saying, "I'm being sued. I've had a complaint from an employee with a state agency. I'm being sued by a customer via clients."
- [How do I talk to my aging parents about getting their affairs in order?](https://gaudylaw.com/estate-planning/how-do-i-talk-to-my-aging-parents-about-getting-their-affairs-in-order/): It can be very tough because death is not something anybody likes to talk about. Unfortunately, should they become incapacitated and need help or should they pass away, if a plan is not put in place, then it is going to be way more expensive and way more time-consuming.
- [What’s the Difference between an LLC and a Corporation?](https://gaudylaw.com/small-business-law/difference-between-an-llc-and-a-corporation/): What's the difference? Which was better for my company? What's the difference between the two? Do they protect me?
- [What is a special needs trust and do I need one?](https://gaudylaw.com/estate-planning/what-is-a-special-needs-trust-and-do-i-need-one/): A special need trust is a trust that protects assets for someone who might be on some kind of state disability from having the state come back and try to take assets left to them through a trust. An example of this is if I had a child with special needs and they have been receiving state funding for years and I leave the money, it's possible that money might have to go back to repay for the care that they've had. A special needs trust can lock that money up and say, "It's only here to supplement and add to any state disability or federal aid that they're getting and creditors cannot come and get it.”
- [How does the probate process work for estates without any real property?](https://gaudylaw.com/probate/how-does-the-probate-process-work-for-estates-without-any-real-property/): If a person passes away and all they had was an account then there is a key number of $150,000 to look for. If the account was worth less than $150,00 then we can do an affidavit and send that to the financial institution. As long as all the kids sign off, the financial institution will transfer the money in equal shares to the children or according to what the will says.
- [How to keep your business and corporate books up to date?](https://gaudylaw.com/small-business-law/how-to-keep-your-business-and-corporate-books-up-to-date/): If you start a corporation or LLC online, you are provided with the right paperwork to create everything there, but the follow-through sometimes does not happen and therefore does nothing to protect you. If you're not complying with corporate formalities and you get sued, they can come right through that to your personal assets like it's not even there. To remedy this you need to make sure that your minutes are done every year.
- [What happens after I sign my estate planning documents?](https://gaudylaw.com/estate-planning/what-happens-after-i-sign-my-estate-planning-documents-2/): Estate planning documents are signed either in our office or we will send a notary to you for a small additional cost. The documents are then processed on our side by scanning and loading them into the MyCase account, so they are available and accessible forever. The original documents, which we print on nice linen paper, go into a custom estate planning binder that is picked up by the client.
- [What is the difference between a will and a trust?](https://gaudylaw.com/estate-planning/what-is-the-difference-between-a-will-and-a-trust/): After someone has died, the process is: If somebody has nothing in place, we're going to go through probate. Probate's going to take a year and it is going to be expensive, 5% to 10% of your estate sometimes. It's public, and you have no control.
- [How does probate work when a will exists?](https://gaudylaw.com/probate/how-does-probate-work-when-a-will-exists/): A will maps out who is going to be in charge and who receives what. Commonly the oldest child is the executor and everything goes equally to the children, including the executor.
- [Why would a small business owner need an attorney?](https://gaudylaw.com/small-business-law/why-would-a-small-business-owner-need-an-attorney/): 80% of the businesses in the United States are small businesses. And that can be anywhere from 2 employees to 50 employees.
- [What do I need to know about estate taxes?](https://gaudylaw.com/estate-planning/what-do-i-need-to-know-about-estate-taxes/): Estate taxes don't apply to most families. California does not have an estate tax.
- [How does Estate planning change with special needs children, substance abuse, or other factors?](https://gaudylaw.com/estate-planning/how-does-estate-planning-change-with-special-needs-children-substance-abuse-or-other-factors/): This is a situation that can make me a little bit irritated because some attorneys see a client with a child with special needs and will charge them more. "Well, you have a child with special needs so we've got to do your trust and then we're going to do a special needs trust for your son or your daughter," and it just drives me crazy.
- [What if my child is married to someone who I do not want to receive any property?](https://gaudylaw.com/estate-planning/what-if-my-child-is-married-to-someone-who-i-do-not-want-to-receive-any-property/): As a father of young children, I do not know what this like but because of what I do, I commonly see this situation as often as once a week.
- [Will my property taxes be reassessed if I transfer the property into my trust?](https://gaudylaw.com/estate-planning/will-my-property-taxes-be-reassessed-if-i-transfer-the-property-into-my-trust/): This is probably the most question we get. The basic answer is, no. The assessor is not allowed to reassess your property taxes if you are simply transferring it to a trust. However, the assessor looks at this like an assessable event because there was a transfer. They want to get money when they can so they will transfer it over and reassess it. Because of this, we send a Preliminary Change of Ownership Report to them and let them know not to reassess the property taxes.
- [How long does it take for the deed transferring my property into the trust to return to me?](https://gaudylaw.com/estate-planning/how-long-does-it-take-for-the-deed-transferring-my-property-into-the-trust-to-return-to-me/): This is a common question that we get because this can be a nerve-wracking process. Once the deed is signed it is effectively transferring the property into the trust. The recording of it is a formality, so if something were to happen before the deed got recorded, it would be fine and everything would still be effective.
- [Where should I keep my final signed estate planning documents and binder?](https://gaudylaw.com/estate-planning/where-should-i-keep-my-final-signed-estate-planning-documents-and-binder/): In the age of digital copies backed up onto our hard drive and on MyCase, this is not as important as it once was. However, it is important from the standpoint of having it in a prominent place in your home, so in case something happens to you, it can be easily found.
- [Do I need to give a copy of my estate planning documents to my children?](https://gaudylaw.com/estate-planning/do-i-need-to-give-a-copy-of-my-estate-planning-documents-to-my-children/): I would recommend that it is not necessary for children to have a copy of your estate planning records.
- [Once I have a trust in place, what do I do with things like my vehicle?](https://gaudylaw.com/estate-planning/once-i-have-a-trust-in-place-what-do-i-do-with-things-like-my-vehicle/): I will tell you what I do with my car, and that is nothing. Technically, anything you own should be owned by the trust. This means going to the DMV and making a transfer for any type of vehicle including a boat, RV, or ATV. But I think that is a waste of time.
- [How do I make sure that my financial accounts reflect the fact that I have a trust?](https://gaudylaw.com/estate-planning/how-do-i-make-sure-that-my-financial-accounts-reflect-the-fact-that-i-have-a-trust/): By this point, we have spoken with our clients and let them know that we will handle the real property, as that is usually the big reason they come to us. Clients are responsible for calling banks and financial institutions to let them know they have a living trust with Gaudy Law and find out what they need to do next. Financial institutions will request it be sent over and that is where MyCase accounts come into play. You can just click and send over a digital version or we can handle that for you.
- [What does it mean to keep my trust funded?](https://gaudylaw.com/estate-planning/what-does-it-mean-to-keep-my-trust-funded/): A trust is a set of papers, and unless you do more than just sign it, it may not give it the force and effect that you want. The way that we make sure that it has force and effect is by putting things in it, or we “fund it”. It happens on a variety of levels with real property, meaning deeding the property into the trust. Gaudy Law handles that part. Financial institutions can transfer the asset, the bank account, etc. into the trust.
- [What is a conservatorship, when is it needed, and how does it work?](https://gaudylaw.com/estate-planning/what-is-a-conservatorship-when-is-it-needed-and-how-does-it-work/): Conservatorships are like a guardianship but for an adult or an adult requesting that the court allow him to take custody and control of another adult. We really try to avoid it if we can.
- [What’s the point of having a living trust if there’s still going to be conflict?](https://gaudylaw.com/estate-planning/whats-the-point-of-having-a-living-trust-if-theres-still-going-to-be-conflict/): Many hear of stories where their friends made a trust and their kids fought anyway. But the thing with trust is it will always keep you out of probate court if it's done correctly. That's the main reason it’s done is to make sure that it'll carry out your wishes with regard to your younger beneficiaries.
- [I am the trustee of my parents trust and they are now deceased, what do I do next?](https://gaudylaw.com/estate-planning/i-am-the-trustee-of-my-parents-trust-and-they-are-now-deceased-what-do-i-do-next/): If they have a trust and everything is done correctly then we don't have to go to court.
- [What if I have to go into probate and I have no idea what kinds of accounts the deceased had?](https://gaudylaw.com/estate-planning/what-if-i-have-to-go-into-probate-and-i-have-no-idea-what-kinds-of-accounts-the-deceased-had/): This happens in almost every case.
- [What do I do if a family member or someone else is refusing to leave the estate property?](https://gaudylaw.com/estate-planning/what-do-i-do-if-a-family-member-or-someone-else-is-refusing-to-leave-the-estate-property/): This is a pretty common situation. Let's say mom or dad passes away and one of the siblings has been living there taking care of them. In order for there to be a distribution, the house needs to be sold. What if that person has decided, for one reason or another that they're entitled to more than the others and that they are not going to move? In these situations, you may have to go to war by evicting that person. It might be your brother or another close relative, making it very tough.
- [Where does all of the money made from an estate sale go?](https://gaudylaw.com/estate-planning/where-does-all-of-the-money-made-from-an-estate-sale-go/): The money from an estate sale goes into the estate account. The sale of a car or anything else sold at the sale needs to be accounted for. Keeping track of everything is the responsibility of the administrator or the executor and we help make sure it is done right.
- [Why is mediation oftentimes a better choice than going to trial?](https://gaudylaw.com/probate-trust-conflict-litigation/why-is-mediation-oftentimes-a-better-choice-than-going-to-trial/): Mediation is a process that usually happens outside of a court that doesn't have to comply with all the court formalities of people being on the witness stand and evidence rules. Managed by a retired judge, it's an opportunity to solve the dispute outside of court at about 1/10th of the cost and time of going to a full-blown trial.
- [My estate plan is complete. What now?](https://gaudylaw.com/estate-planning/my-estate-plan-is-complete-what-now/): Estate planning is something people put off for way too long and so once complete, congratulations are in order! You just signed and put together the best plan you could possibly get.
- [How often do I need to update my estate planning documents?](https://gaudylaw.com/estate-planning/how-often-do-i-need-to-update-my-estate-planning-documents/): This is a great and a common question. Look at major life events such as marriage, divorce, death, the birth of a child, the purchase of a property, or the sale of a property as a time to stop and ask yourself if you should update your trust. At our office, you can call and ask that question without any charge. Gaudy Law or one of our attorneys will quickly look at your documents on MyCase and let you know.
- [What is MyCase and how does it work?](https://gaudylaw.com/gaudy-law-client/what-is-mycase-and-how-does-it-work/): MyCase is a client portal and the way that we communicate with our clients. In the age of emails and security issues, we wanted to have a system where people would feel comfortable that their documents are living, that their communications are happening, and where they don’t have to worry about any cyber attacks. MyCase is supposed to be one of the most secure systems anywhere available.
- [Does a living trust keep the Department of Health services from seeking recovery?](https://gaudylaw.com/estate-planning/does-a-living-trust-keep-the-department-of-health-services-from-seeking-recovery/): Yes. It's a little known fact that the Department of Health services can come back and seek to be paid back for those “free” healthcare services that you receive. It is not free.
- [What do I do if I need to go into probate, but I don’t have the money to pay for it up front?](https://gaudylaw.com/probate/what-do-i-do-if-i-need-to-go-into-probate-but-i-dont-have-the-money-to-pay-for-it-up-front/): We will help you by offering cost assistance. We like for people to at least pay the initial filing fee, which is usually around $465 to $485. There are also other costs including a publication, a bond, and an appraisal. That's no joke.
- [Will I need to pay taxes on my inheritance that I receive?](https://gaudylaw.com/probate/will-i-need-to-pay-taxes-on-my-inheritance-that-i-receive/): This is a great question for a CPA. In most cases, you are not paying income tax on inheritance. It's not income to you, and it doesn't rise to the level of the estate tax. But definitely talk to your CPA about this.
- [How does probate work for estates with real property?](https://gaudylaw.com/probate/how-does-probate-work-for-estates-with-real-property/): Most people know a realtor, whether it’ a brother, a cousin or friend from church. Some of them are really good but generally, we have trouble with them and it's the one thing that can really make the process for probate drag on unnecessarily long and create friction points. Knowing a realtor that has actually done a lot of probates is very important.
- [How does probate work when no will exists?](https://gaudylaw.com/probate/how-does-probate-work-when-no-will-exists/): If there is no will, it gets a little more complicated because then we do not know who should be appointed. Unfortunately, what has happened, maybe 5% to 10% of the time when we file for probate, where another sibling will show up wanting to be in charge. This creates two probate petitions, making that initial period of getting someone appointed completely dragged out because we have to fight it out with the other attorney.
- [Is Court Intervention Necessary in Handling an Estate?](https://gaudylaw.com/blog-news/probate-mediation-upland-california/): Disputes over a passed loved one’s estate or will is likely the most damaging experience for a family. Damage becomes heightened if disputing parties decide to go to court. However, many individuals do not realize that there is alternative option. Probate mediation involves a peaceful discussion between disputing parties so that an agreement can be made and court can be avoided. If someone recently passed and you are wondering if this is going to be a difficult and strenuous process, watch out for these red flag warning signs:
- [Tips for Navigating the Probate Process](https://gaudylaw.com/blog-news/probate-estate-upland-california/): The loss of a loved one is an extremely emotional and overwhelming time as you are unable to grieve in peace until their estate has been dealt with. We want to ease this process for you so that you can focus your attention elsewhere, which is why we have gathered these helpful tips for navigating the probate process in California:
- [Don’t Make the Mistake of Forgetting to Fund your Living Trust](https://gaudylaw.com/blog-news/funding-living-trust-upland/): There are a variety of individuals who are choosing to place their final affairs in a living trust as opposed to a will, because they offer unique benefits and allow the individual to remain in control of their assets until they pass. However, with living trusts continuing to grow in popularity, there are an overwhelming number of individuals who do not realize that funding your living trust is an extremely important part of the process. Failure to fund your living trust will send your assets to the court system even though you chose a living trust to avoid probate in the first place.
- [An Overview of the Probate Process](https://gaudylaw.com/blog-news/probate-attorney-upland-california/)
- [Benefits of a Living Trust](https://gaudylaw.com/blog-news/benefits-living-trust-upland/)

## Pages
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- [Services](https://gaudylaw.com/services/): Gaudy Law makes legal work easy, understandable and affordable and is committed to making every client our happiest client. We're also committed to making sure your legal work is done as efficiently and economically as possible so you can focus on your life, your business and the things that really matter.
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## Services
- [Upland Executor Fiduciary Misconduct Lawyer](https://gaudylaw.com/services/executor-fiduciary-misconduct/): When someone violates their fiduciary duties, difficult and expensive problems arise. We'll fight for your inheritance and make things right.
- [Montclair Trust Administration Lawyer](https://gaudylaw.com/services/montclair-trust-administration-lawyer/): A Montclair trust administration lawyer can help trustees and beneficiaries with the legal and financial duties that occur after the death of a grantor. Trust administration can involve managing assets, paying debts, and making distributions to beneficiaries while also complying with California probate and tax laws.
- [Montclair Conservatorship Lawyer](https://gaudylaw.com/services/montclair-conservatorship-lawyer/): If a family member can no longer manage their financial affairs, a Montclair conservatorship lawyer can assist in finding a resolution. Problems with mental deterioration, illness, injury, and vulnerability to financial abuse may necessitate legal action to protect the person and their property.
- [Riverside Estate Planning Lawyer](https://gaudylaw.com/services/riverside-estate-planning-lawyer/): A Riverside estate planning lawyer can help individuals make legally binding choices about their property, finances, medical decisions, and families before unanticipated events occur. Estate planning is often thought of as a means to protect wealth, but many people also use these documents to name guardians for their children, avoid family conflict, and set forth their own future health care or financial instructions.
- [Upland Trust and Will Disputes Lawyer](https://gaudylaw.com/services/trust-and-will-disputes/): We'll Fight for Your Inheritance
- [Upland Property Disputes Lawyer](https://gaudylaw.com/services/property-disputes/): At Gaudy Law, we know you want to see your property disputes resolved. We litigate probate property disputes and can help you achieve your desired outcome.
- [Upland Elder Financial Abuse Lawyer](https://gaudylaw.com/services/elder-financial-abuse/): Elder financial abuse involves the illegal or improper exploitation of a senior's assets or finance and is often done through deception, coercion, or manipulation.
- [Business and Legal Tips](https://gaudylaw.com/services/business-law/business-and-legal-tips/): Get access to weekly business and legal tip emails based on real cases and difficulties our business clients face.
- [Upland Mobile Estate Planning Lawyer](https://gaudylaw.com/services/easy-remote-estate-planning/): Your living trust completed with expert assistance. 100% from your home.
- [Upland Advance Healthcare Directive Lawyer](https://gaudylaw.com/services/estate-planning/advance-healthcare-directive/): An Advance Healthcare Directive, or living will, explains your wishes about medical treatment to doctors, family members, and friends.
- [Upland Durable Power of Attorney Lawyer](https://gaudylaw.com/services/estate-planning/durable-power-of-attorney/): A durable power of attorney is a document that stays in effect if you ever become incapacitated and can't handle things on your own.
- [Upland Trust Amendment Lawyer](https://gaudylaw.com/services/estate-planning/trust-amendment/): There are a few situations where you might need to update your Estate Plan. For example, if you have a baby, get married, or experience another big life event. A trust amendment is the way to do this.
- [Upland Revocable Living Trust Lawyer](https://gaudylaw.com/services/estate-planning/revocable-living-trust/): A revocable living trust is a popular tool that you can use to plan who will get your property when you die.
- [Upland Corporation & LLC Formation Assistance Lawyer](https://gaudylaw.com/services/corporation-and-llc-formation/): A question common to new businesses and long-established businesses alike is: “Should I incorporate?” Helping you determine whether you should incorporate and what is the best way to do that is something that we are very passionate about. Schedule a consultation today to learn more about business and LLC formation.
- [Upland Estate Planning Lawyer](https://gaudylaw.com/services/estate-planning/): Estate Planning, using a Living Trust as the centerpiece, is the best way to make sure you leave your hard-earned assets and treasured possessions to those dearest to you while avoiding the probate process.
- [Claremont Trust Administration Lawyer](https://gaudylaw.com/services/claremont-trust-administration-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Claremont Estate Planning Lawyer](https://gaudylaw.com/services/claremont-estate-planning-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Claremont Probate Lawyer](https://gaudylaw.com/services/claremont-probate-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Ontario Estate Planning Lawyer](https://gaudylaw.com/services/ontario-ca-estate-planning-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Ontario Probate Lawyer](https://gaudylaw.com/services/ontario-ca-probate-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Ontario Conservatorship Lawyer](https://gaudylaw.com/services/ontario-ca-conservatorship-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Ontario Trust Administration Lawyer](https://gaudylaw.com/services/ontario-ca-trust-administration-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Montclair Probate Lawyer](https://gaudylaw.com/services/montclair-probate-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Montclair Estate Planning Lawyer](https://gaudylaw.com/services/montclair-estate-planning-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Claremont Conservatorship Lawyer](https://gaudylaw.com/services/claremont-conservatorship-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Upland Probate Lawyer](https://gaudylaw.com/services/probate/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Rancho Cucamonga Conservatorship Lawyer](https://gaudylaw.com/services/rancho-cucamonga-conservatorship-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Rancho Cucamonga Probate Lawyer](https://gaudylaw.com/services/rancho-cucamonga-probate-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Rancho Cucamonga Estate Planning Lawyer](https://gaudylaw.com/services/rancho-cucamonga-estate-planning-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Rancho Cucamonga Trust Administration Lawyer](https://gaudylaw.com/services/rancho-cucamonga-trust-administration-lawyer/): Probate doesn’t have to be a nightmare. We have helped many hundreds of families through this process without the typical stress or delay and we will expertly guide you through it as well.
- [Upland Trust Administration Lawyer](https://gaudylaw.com/services/trust-administration/): Watch 45 Second Video
- [Upland Heggstad Petition Lawyer](https://gaudylaw.com/services/trust-administration/heggstad-petitions/): Helping families avoid Probate by seamlessly transferring assets into a Trust when they were unintentionally left out, ensuring an Estate Plan works as intended.
- [Upland Estate and Trust Litigation Lawyer](https://gaudylaw.com/services/estate-and-trust-litigation/): Do you need an attorney to help you get what's rightfully yours? Our experienced and strong trust litigation team can help.
- [Speaking](https://gaudylaw.com/services/speaking/): Inspire Your Group with Professional Estate Planning, Probate, Conservatorship, or Business Law Advice
- [Upland Conservatorship Lawyer](https://gaudylaw.com/services/conservatorship/): Conservatorship is when a judge appoints someone to take care of the money and personal life of a minor or someone who can't do it themselves.
- [Probate for Real Estate Agents](https://gaudylaw.com/services/probate-for-real-estate-agents/): Probate is the legal process of administering the estate of a deceased person. Probate sales are often complex, and real estate agents who are not familiar with the process can find themselves at a disadvantage. Probate sales involve multiple parties, including the executor of the estate, the beneficiaries, and the creditors. There are also strict deadlines that must be met, and the paperwork can be confusing.

## Employees
- [Jason Gaudy](https://gaudylaw.com/employees/jason-gaudy/): Phone: (909) 982-3199
- [Krista Gaudy](https://gaudylaw.com/employees/krista-gaudy/): Krista manages much of the day-to-day behind-the-scenes operations at Gaudy Law and is the person working hard to make sure your experience is a good one. She loves spending time with her family in and around Upland. If you happen to run into her while at our office, her gentle and kind attitude is sure to brighten your day!
- [Desiree Lewis](https://gaudylaw.com/employees/desiree-lewis/): Attorney practicing in Estate Planning Services, living trusts, wills and health care directives. I have an earnest desire to share my knowledge of the importance of estate planning for your future and the future of your family. Without a Living Trust, your assets will go through probate - diluting the value of your estate and costing your heirs an enormous amount of time and effort.
- [Dan Burbott](https://gaudylaw.com/employees/dan-burbott/): Dan assists Gaudy Law clients with their Trust Administration and Probate needs. His attention to detail and 11+ years of litigation experience grant him the ability to successfully handle any case that comes his way. Dan Burbott graduated from UC Riverside, Claremont Graduate University, and California Western School of Law.
- [Crystal Chaidez-Quinones](https://gaudylaw.com/employees/crystal-chaidez-quinones/): Crystal Chaidez-Quinones is an Estate Planning Legal Secretary at Gaudy Law who helps with new client intake for estate planning, manages estate planning cases with the attorney, translates consultations and signings for Spanish-speaking clients, and more. She is a notary public and has associate degrees in Sociology and Social Sciences. She also has a bachelor's in Law and Society. She previously interned at a criminal defense firm and with a Los Angeles Superior Court judge. She is driven by honesty, respect, integrity, kindness, and compassion. Outside of work, she enjoys spending time with her family, going to the gym, and experiencing new places.
- [Julia Ellsworth](https://gaudylaw.com/employees/julia-ellsworth/): Julia is a highly skilled and experienced Case Manager who has been with Gaudy Law for over five years after having graduated with her bachelor’s degree in Literature & Writing. Julia is responsible for ensuring cases progress efficiently and on time. In addition to overseeing hundreds of probate cases, Julia excels in drafting and analyzing legal documents, maintaining clear communication with clients, and offering innovative solutions to complex challenges.
- [Jaclyn Duque](https://gaudylaw.com/employees/jaclyn-duque/): Jaclyn Duque is the Lead Estate Planning Attorney at Gaudy Law, where she works closely with clients to design thoughtful, personalized estate plans. She guides individuals and families through the planning process by meeting with clients, drafting and reviewing legal documents, and making sure every plan is clear, complete, and built for long-term peace of mind.
- [Juliana Lopez](https://gaudylaw.com/employees/juliana-lopez/): Juliana Lopez is a Legal Assistant at Gaudy Law, where she supports the Estate Planning department by preparing documents for notarization appointments, following up with clients, and ensuring completed estate planning documents are properly mailed. Her attention to detail and organization help keep the process running smoothly for both clients and the legal team.
- [Lauren Young](https://gaudylaw.com/employees/lauren-young/): Lauren Young is Gaudy Law’s Client Intake & Scheduling Coordinator, and she’s often the very first voice clients hear when they reach out. She handles initial client communications, gathers important details, and coordinates appointments to ensure every client experience starts off smooth, welcoming, and well-organized.
- [Dominique Roldan](https://gaudylaw.com/employees/dominique-roldan/): Dominique Roldan is a Probate Legal Assistant at Gaudy Law, where she supports the probate team with filing, client correspondence, and document drafting. Her role helps ensure that important matters move forward smoothly while also ensuring clients feel informed and supported throughout the process.
- [Daniel Dukes](https://gaudylaw.com/employees/daniel-dukes/): Daniel works with Gaudy Law on various website, marketing, and process improvements. He's originally from Upland and enjoys helping Gaudy Law customers have the best experience possible.

## Locations
- [Yorba Linda Estate Planning Lawyer](https://gaudylaw.com/locations/yorba-linda/): Easy and Affordable Estate Planning Services in Yorba Linda
- [Upland](https://gaudylaw.com/locations/upland/): Easy and Affordable Estate Planning Services Serving Southern California

## FAQs
- [How long does it take to get an estate plan completed?](https://gaudylaw.com/faq-items/how-long-does-it-take-to-get-an-estate-plan-completed/): In most cases, your estate plan will be completed in 2 - 3 weeks. In special (usually medical) circumstances, we can expedite the process significantly and get things done in as fast as one or two days.
- [What about extra fees?](https://gaudylaw.com/faq-items/what-about-extra-fees/): We believe in simple and transparent flat fee estate planning. There will be no surprises. What you see is what you pay!
- [What is Probate?](https://gaudylaw.com/faq-items/what-is-probate/): Probate is the way the state of California (and other states) handles someone's affairs when they die. It's often a frustrating and drawn-out process. You can avoid probate with a living trust. And if it's too late for that, you can get expert probate help from our team.
- [How long does the process of setting up an LLC or Corporation in California take?](https://gaudylaw.com/faq-items/how-long-does-the-process-of-setting-up-an-llc-or-corporation-in-california-take/): The entire process takes about two weeks from start to finish.
- [What is a health care directive?](https://gaudylaw.com/faq-items/what-is-a-health-care-directive/): A health care directive is a legal document that outlines your wishes for medical treatment if you are unable to make decisions for yourself.
- [What is power of attorney?](https://gaudylaw.com/faq-items/what-is-power-of-attorney/): A power of attorney is a legal document that gives someone else the authority to make decisions on your behalf.
- [What happens if I die without an estate plan?](https://gaudylaw.com/faq-items/what-happens-if-i-die-without-an-estate-plan/): If you die without an estate plan, your assets will be distributed according to state law. This may not be how you would have wanted them to be distributed.
- [What is a trust?](https://gaudylaw.com/faq-items/what-is-a-trust/): A trust is a legal arrangement in which assets are held by one party (the trustee) for the benefit of another party (the beneficiary).
- [What is a will?](https://gaudylaw.com/faq-items/what-is-a-will/): A will is a legal document that specifies how you would like your assets to be distributed after you die.
- [What are the benefits of estate planning?](https://gaudylaw.com/faq-items/what-are-the-benefits-of-estate-planning/): Estate planning can help reduce the amount of taxes owed on your estate, ensure that your assets are distributed according to your wishes, and help your loved ones avoid the hassle and expense of probate court.
- [What is Estate Planning?](https://gaudylaw.com/faq-items/what-is-estate-planning/): Estate planning is the process of organizing and arranging your affairs so that your assets can be distributed according to your wishes after you die.