Frequently Asked Questions

Georgia N. Kezios believes that informed clients make the best decisions. Below are answers to some of the most common questions we receive about estate planning, probate, and related matters. If you have a question that isn’t answered here, we’re happy to talk with you directly. Call our office in Cerritos for practical advice and skilled representation in estate planning, probate, business law, and landlord-tenant matters in Long Beach, Southeast Los Angeles, and across Los Angeles, Orange and Riverside counties in Southern California.

Estate Planning FAQs

What is required to make a valid will in California?

To make a valid will in California, you must be at least 18 years old and of sound mind. Your will must be in writing and signed by you, and it should be witnessed by two people who are not beneficiaries under the will. While California does recognize handwritten wills (known as “holographic wills”), these often lead to confusion or disputes after death because they may not meet all the legal requirements or clearly express your intent.

Working with an attorney ensures your will is properly drafted, executed, and stored so your wishes are legally enforceable when the time comes.

What are the requirements for a valid trust?

A trust must have a clear purpose, a designated trustee, and identifiable beneficiaries. The person creating the trust (the “settlor” or “grantor”) must have the legal capacity to do so and must transfer property into the trust for it to take effect.

The most common trust for California families is a revocable living trust, which allows you to manage your assets during your lifetime and ensure a smooth transfer to your beneficiaries when you pass away, without going through probate.

Trusts can also be designed for specific goals, such as caring for a loved one with special needs, supporting charitable causes, or minimizing estate taxes. We’ll discuss your unique situation and create a trust structure that fits your family’s needs.

What are the duties of a trustee?

A trustee is responsible for managing the assets in a trust according to the terms of the trust document and in the best interests of the beneficiaries. This means keeping accurate records, managing investments or maintaining property, paying bills and taxes, distributing assets properly, and acting with honesty and care at all times.

Trustees also have a legal duty to avoid conflicts of interest and to keep beneficiaries informed. Failing to meet these duties can expose a trustee to liability. We often guide trustees through the trust administration process to help them understand their obligations and avoid costly mistakes.

What are the duties of an executor?

An executor (also called a “personal representative”) handles the estate of a deceased person during probate. Their responsibilities include identifying and valuing assets, paying debts and taxes, resolving claims involving the estate, and distributing the remaining property to heirs or beneficiaries according to the will.

This can be a complex process, especially when there are multiple heirs, contested claims, or questions about the validity of the will. We assist executors in fulfilling their duties correctly, keeping the process organized and compliant with California law.

What happens if a will is contested?

A will can be challenged or contested if someone believes it was signed under duress, undue influence, or the person making the will lacked mental capacity. Other disputes may arise over the authenticity of the document or the meaning of its terms.

We represent clients in estate and trust disputes such as will contests, helping to resolve issues efficiently and with as little conflict as possible. We focus on finding practical solutions that honor the decedent’s true wishes while protecting our client’s interests. We mediate when appropriate and litigate when necessary.

Do I need an attorney to handle probate in California?

Technically, you can handle probate without an attorney, but it’s not recommended. Probate involves strict court procedures, deadlines, and filings that can be confusing for someone who has never been through the process before. Mistakes can delay the case or even expose you to personal liability.

We guide clients through each stage of probate, from filing the petition to final distribution, ensuring everything is done properly and on time. Having a professional by your side can save months of frustration and help you avoid costly errors.

What happens if I die without a will or trust?

If you pass away without a will or trust, California’s intestate succession laws determine who receives your property. That may mean your assets go to relatives you never intended to benefit, or that your estate is tied up in court for months or years.

Without an estate plan, the court also decides who will handle your estate and who will care for any minor children. Estate planning gives you control over these deeply personal decisions and helps spare your loved ones unnecessary stress and uncertainty.

What is the difference between a will and a living trust?

A will directs how your property will be distributed after your death and allows you to name guardians for your children. However, a will must go through probate, which can be time-consuming and expensive.

A living trust, on the other hand, holds your assets during your lifetime and passes them directly to your beneficiaries without probate. It offers privacy, flexibility, and the ability to manage your assets if you become incapacitated.

Many families benefit from having both—a living trust as the main estate planning tool, and a “pour-over will” that captures any assets not titled in the trust.

What is an Advance Health Care Directive, and why do I need one?

An Advance Health Care Directive allows you to name a trusted person to make medical decisions for you if you’re unable to speak for yourself. It also lets you express your wishes about end-of-life care, such as whether you want life support or resuscitation (DNR) in certain situations.

Without one, your loved ones may be forced to make difficult choices without knowing what you would have wanted, and disagreements can arise between family members. Having a directive in place provides clarity and peace of mind for everyone involved.

What is a Durable Power of Attorney for Assets?

A Durable Power of Attorney allows you to appoint someone to handle your financial affairs if you’re unable to do so yourself. This person can manage your bank accounts, pay bills, handle insurance matters, and make financial decisions on your behalf.

Without one, your family may need to go to court to have a conservator appointed, which can be a stressful and time-consuming process. Creating a Durable Power of Attorney ensures that someone you trust is ready to step in if needed.

What is a Small Estate Affidavit, and when can it be used?

California allows heirs to use a Small Estate Affidavit to transfer property without probate when the total value of the estate is below a certain amount (currently $184,500). This can be a faster, simpler way to handle modest estates, but it’s important to make sure all legal requirements are met.

We can help you determine if your loved one’s estate qualifies and prepare the paperwork needed to transfer assets properly.

Landlord/Tenant FAQs

What does California law say about security deposits on rental property?

Prior to July 1, 2024, California landlords could collect a security deposit equal to up to two months’ rent for an unfurnished residential unit or three months’ rent for a furnished one. For new leases created after July 1, 2024, most landlords can only require one month’s rent as a security deposit. Limited exceptions exist for landlords who own a maximum of two residential properties that don’t include more than four rental units. Those landlords can lawfully charge two months’ rent as a security deposit, provided they are natural persons or a limited liability company (LLC) where all members are natural persons (corporations and other business entities are limited to charging one month’s rent as security).

The deposit can be used to cover unpaid rent, repair damage beyond normal wear and tear that was caused by the tenants or their guests, or clean the unit to return it to the condition it was in at the start of the tenancy. If specified in the lease, the deposit can also be used to replace or restore personal property, such as furniture, belonging to the landlord.

When a tenant moves out, the landlord must return the entire deposit or provide an itemized list of deductions (if $125 or more) within 21 days. If the landlord keeps more than they should or fails to follow these rules, the tenant may be entitled to recover the deposit plus additional penalties.

We help landlords and tenants understand their rights and obligations under California’s strict deposit laws and work to resolve disputes quickly before they escalate into costly litigation.

What is the most common pitfall to look out for when negotiating a commercial lease?

The biggest mistake many tenants make is focusing only on the monthly rent and overlooking the “hidden” terms that can make or break the deal. Commercial leases often include clauses about maintenance responsibilities, rent escalation, personal guarantees, and options to renew or terminate. Some leases even make the tenant responsible for repairs or upgrades to the building.

Before signing, it’s crucial to understand every term and how it affects your business’s long-term costs and flexibility. We review and negotiate commercial leases to make sure our clients are protected from unexpected expenses and unfavorable terms, whether they’re leasing a storefront, office space, or warehouse.

Business Law FAQs

Should I form an LLC, partnership, or corporation for my new business?

That depends on your goals, the nature of your business, and your tolerance for risk and complexity. A limited liability company (LLC) is often the best choice for small businesses because it offers personal liability protection and flexible tax options with relatively simple management requirements.

A partnership can be easy to start but provides less liability protection unless it’s structured as a limited partnership (LP) or limited liability partnership (LLP). A corporation offers the strongest protection but comes with more formalities and separate tax obligations. Electing to operate as a C Corp or an S Corp can impact taxation as well as ownership restrictions, stock classes, and how certain benefits are handled.

We help entrepreneurs choose and form the right entity, prepare operating agreements or bylaws, and make sure everything is properly filed with the state so they can focus on growing their business with confidence.

What is Business Succession Planning?

Business Succession Planning is the process of deciding who will take over your business if you retire, become incapacitated, or pass away. For family-owned or closely held businesses, a succession plan ensures a smooth transition and helps prevent disputes among co-owners, partners, or heirs.

A solid succession plan may involve revising ownership structures, updating partnership agreements, or incorporating your business interests into your overall estate plan. It can also include strategies to minimize taxes and ensure that the company continues to run smoothly without interruption.

We work closely with business owners to design personalized succession plans that protect their legacy and the people who depend on it.

Mediation FAQs

Can I mediate a dispute without giving up my legal rights?

Yes. Mediation is a voluntary and confidential process that allows parties to resolve disputes with the help of a neutral mediator. It’s not binding unless both sides reach and sign an agreement, and participating in mediation does not mean you’re waiving your right to go to court if the issue isn’t resolved.

Mediation gives you more control over the outcome and often costs far less—in both time and money—than litigation. It can be especially effective in landlord-tenant, business, and family disputes where maintaining relationships and privacy is important.

We offer professional mediation services to help clients find practical, mutually agreeable solutions while keeping their legal options open.

How do I get started?

The first step is to schedule a consultation with Georgia N. Kezios. We’ll talk about your goals, your family, and the property you want to protect. From there, we’ll design a plan tailored to your situation and handle all the legal details so you can focus on what matters most—your family and your future.

To get started, call our office or contact us online. We look forward to helping you secure your wishes with a thoughtful, comprehensive estate plan.