For social media influencers and content creators, a career can generate income long after a video is published or a post goes viral. You may own a monetized YouTube channel, earn revenue from affiliate links, receive ongoing royalties, or operate a business built around your personal brand. But what happens to those assets if you become incapacitated or pass away?

Traditional estate planning addresses assets such as real estate, bank accounts, and investments. Content creators also need to consider their digital assets, intellectual property, business interests, and online income streams. A well-structured estate plan can help protect the value of your work and clarify what happens to it in the future.

Identifying Your Digital and Business Assets

Start by creating an inventory of your online assets and income sources. Depending on your work, these may include:

• Social media accounts: Instagram, TikTok, YouTube, and other profiles with established audiences or monetization.
• Intellectual property: Videos, photographs, written content, music, courses, and other original work you own.
• Business assets: Websites, domain names, online stores, subscriber lists, and creator-related businesses.
• Revenue streams: Advertising income, affiliate commissions, licensing fees, sponsorship payments, and royalties.
• Financial assets: Business bank accounts, investments, and cryptocurrency holdings.

Distinguish between content you own and content hosted on a platform that controls account access. An account’s financial value does not necessarily mean it can be transferred freely to a beneficiary.

Plan for Incapacity and Succession

An estate plan should address what happens if you cannot manage your business temporarily or permanently. A durable financial power of attorney can authorize someone to handle certain financial matters during your lifetime, subject to its terms and applicable law.

A revocable living trust may also help manage eligible assets during incapacity and provide instructions for distributing property after death. If you operate through a limited liability company (LLC), review its operating agreement to determine what happens to your ownership interest and who can manage the business if you are no longer able to do so.

Consider who should handle sponsorship obligations, outstanding payments, contracts, and ongoing content production. Your preferred successor may be a family member, business partner, or professional who understands your business.

Address Digital Access and Intellectual Property

California’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provides a legal framework for fiduciaries seeking access to certain digital assets. However, access depends on applicable law, your instructions, and the platform’s available procedures and terms.

Document your digital assets and provide secure instructions for locating necessary records. Never place passwords or private account credentials directly in a will, which may become part of the public probate record.

You should also clarify who may license, sell, archive, or continue distributing your content. Copyright ownership, existing licensing agreements, and platform rules can affect what your heirs or business successors are permitted to do.

Build an Estate Plan Around Your Creator Business

For influencers and content creators in the Bay Area, digital assets may represent a substantial part of an overall estate. Reviewing your estate plan alongside your business structure, contracts, and intellectual property arrangements can help reduce uncertainty for your family.

LPEP Law assists individuals and families with estate planning, trusts, and related matters. Schedule a consultation with LPEP Law to develop a plan that accounts for your digital assets, business interests, and wishes for the future of your work.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

For many couples, the family home is the largest asset they own. When home values climb, that asset becomes even more valuable. That raises the stakes in a divorce property settlement. Who keeps the home? Who buys out whom? How is equity split?

State laws dictate how property is divided. Some states split marital property equally, while others aim for an equitable division that isn’t always 50/50. In either case, the value of the home affects how much each spouse receives, whether in equity, other assets, or cash.

California is a community property state, so any increase in a home’s value during the marriage is generally shared equally.

How Do Rising Home Prices Affect Property Division in a Divorce?

The trend of rising home prices seems to be ongoing. According to the National Association of Realtors: 

• The U.S. median home sale price was about $429,100
• Year-over-year price increases have continued for 38 consecutive months

Increased value of a home means an increase in the amount of equity to divide. In many marriages, home equity now outweighs savings, investments, and retirement accounts. Even a small difference in appraised value can shift a settlement by thousands of dollars.

Can One Spouse Keep the House? 

In many cases, one spouse ends up keeping the house. The spouse who stays usually buys out the other’s share of the equity. Common ways to fund a buyout include:

• Cash or savings
• Trading other assets, such as retirement funds
• Refinancing the mortgage

Refinancing can be difficult when prices are high, since the remaining spouse must qualify for the loan on a single income. If a buyout isn’t feasible, couples may sell the home and divide the proceeds, or agree to delay the sale for a set period.

What if One Spouse Owned the Home Before the Marriage? 

A home owned before marriage is often treated as separate property. However, if marital income paid the mortgage or funded major improvements, the other spouse may have a claim to part of the appreciation. A spouse who put separate funds into the home may also be entitled to credit for those contributions.

How is the Home’s Value Determined?

Most couples use a neutral, independent appraisal to determine a home’s value. Because prices can shift between separation and settlement, the valuation date and method can significantly affect the outcome.

Are There Tax Consequences?

It’s important to understand the tax implications of divorce property settlements related to the marital home. A married couple selling their primary home can generally exclude up to $500,000 of capital gain from federal taxes. After a divorce, each person is typically limited to $250,000. In a rising market, the timing of a sale and who keeps the home can become a significant financial decision. A tax professional can help you plan.

Can a Family Lawyer Help? 

Dividing a high-value home takes careful valuation and strategy. The experienced family lawyers at Lonich Patton Ehrlich Policastri (LPEP Law) can help you plan your divorce and work toward the best outcome. LPEP helps families understand their options, negotiate buyouts, and protect their financial future. Schedule your free, no-obligation consultation to get started today. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  

FAQs

Q: Who gets the house in a divorce?

A:  There is no automatic answer. Sometimes one spouse keeps the home and buys out the other’s share. In other cases, the couple sells it and splits the proceeds. The outcome often depends on who can afford to keep it, what other assets are available to offset the equity, and any arrangements involving children.

Q: Do we have to sell the house if we divorce?

A: No. A sale is only one option. A couple may agree that one spouse keeps the home, or that the sale is delayed for a set period, such as until a child finishes school. A family law attorney can help you decide which approach fits your situation.

Q: Does my name stay on the mortgage after the divorce?

A: Possibly. A divorce agreement doesn’t change your contract with the lender. Until the loan is refinanced or paid off, both names generally remain on it. As a result, buyouts often involve refinancing. Ask your attorney how to protect yourself if your ex-spouse keeps the home.

Q: Will I owe taxes if the home is sold during the divorce?

A: Possibly. The IRS generally lets homeowners exclude up to $250,000 of gain from the sale of their main home, or $500,000 on a joint return, if they meet ownership and use requirements. Because the amounts and eligibility rules can affect your settlement, consult a tax professional before deciding who keeps the home or when to sell.

Creating an estate plan is an important step toward protecting your family, your assets, and your wishes if you become incapacitated or pass away. But just because you’ve signed all the documents doesn’t mean you can put your estate plan in a safe place and forget about it until it’s needed.

Think of your estate plan as a living, breathing plan—not a one-time document. As your family, relationships, finances, and goals change, your estate plan should change right along with them. An estate plan reflects your life at a certain point in time, and even though it made sense years ago, it may no longer reflect your wishes.

A regular review of your estate plan helps ensure that your will, trust, beneficiary designations, powers of attorney, and health care documents continue to work together as intended.

How Often Should You Review Your Estate Plan

As a general rule, you should review your estate plan every three to five years. However, if you experience any major life changes or events, you may not want to wait that long. Some circumstances require an immediate review.

Even if nothing changes in your life, reviewing your plan periodically can help to identify any outdated information. Your named executor, trustee, beneficiary, power of attorney, or healthcare agent may no longer be the person you want making important decisions for you, your family, or your property.

When Should You Update Your Estate Plan?

Certain life events are strong reasons to update your estate plan, such as:

1. Marriage or Divorce

Getting married often changes your priorities. You may want to provide for your spouse, revise your beneficiary designations, or change who you want to manage your assets if you become incapacitated.

Divorce is equally important. Depending on your circumstances and the documents involved, you may need to update your will, beneficiaries, powers of attorney, and other provisions. If a divorce or legal separation is pending, however, California law may restrict certain beneficiary changes, nonprobate transfers, and property transfers, so it is important to consult counsel before making changes.

If you remarry, it’s especially important that you review your estate plan carefully. Blended families often require different strategies to ensure provisions for both their new spouse, children from a previous relationship, and other family members.

2. Birth or Adoption of a Child

The arrival of a child is cause for both a celebration and updating your estate plan. New parents may need to name a guardian for minor children in the event they both pass away or become incapacitated. You will also want to review how your children will inherit your assets and whether your current trust provisions still make sense.

3. Death or Incapacity of a Beneficiary or Fiduciary

The people you named to important roles in your estate plan may not always be willing or able to serve.

For example, the person you named as executor may have passed away, moved, become ill, or no longer be someone you trust to carry out their responsibilities. The same goes for people named as trustees, powers of attorney, or healthcare agents.

If someone named in your estate plan can no longer serve, it’s essential to update your plan to prevent confusion when your family needs them.

4. Significant Changes in Your Assets

Buying or selling a home, starting a business, or receiving an inheritance justifies an estate plan review.

If your estate has grown substantially since you created your plan, you may need to reconsider your strategy to ensure it’s still tax-efficient.

5. Changes in State and Federal Laws

Tax laws, probate laws, and court procedures change regularly and may require a review of your estate plan. For example, for qualifying deaths beginning April 1, 2025, California expanded a simplified court procedure for transferring certain real property that was the decedent’s primary residence, subject to statutory requirements and a $750,000 gross-value limit for deaths through March 31, 2028.

Keeping Your Estate Plan Up to Date

Your estate plan should change as your life changes. If you have experienced a major life event or it has been several years since you reviewed your documents, now may be a good time to take another look.

Our attorneys at Lonich Patton Ehrlich Policastri can review your current plan, identify outdated provisions, and help ensure your will, trust, beneficiary designations, powers of attorney, and other documents reflect your current wishes.

Contact us at 408-553-0801 to schedule your free consultation and take the next step toward protecting your loved ones and your assets.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Many couples assume that estate planning is primarily for parents with children. In reality, though, estate planning is an important tool for everyone. Without an estate plan in place, the courts may decide how your estate is distributed. The result may not reflect your personal wishes. 

According to a recent Gallup poll, 14 percent of Americans over 45 do not have children. Remaining childless often creates unique flexibility for couples who want to establish a long-lasting legacy. However, lack of children also means there may be no obvious heirs or decision-makers.

An estate plan for child-free couples helps answer important questions such as:

• Who will inherit your home?
• Who will manage your finances if you’re unable?
• Who will make healthcare decisions?
• What happens if both partners die together?
• How can your estate support charitable organizations?
• Who will care for your pets?
• How can taxes and probate costs be minimized?

Instead of relying on default legal rules, you can intentionally design your legacy.

Who Should Inherit Your Estate?

One of the biggest decisions child-free couples face is selecting beneficiaries. Common choices include: 

• Spouse or partner – however, it’s important to consider what happens after the surviving partner passes away
• Extended family – siblings, nieces and nephews, godchildren, etc.
• Friends – in come cases, close friends play a larger role than biological family
• Charitable organizations – strategic charitable planning allows you to establish a lasting philanthropic legacy and might also result in tax advantages

How Should You Plan for Incapacity?

Effective estate planning covers more than just the distribution of your estate after death. It also allows you to plan for future incapacity. If either partner becomes unable to make decisions due to illness or injury, legal documents allow trusted individuals to act on their behalf.

A power of attorney for property authorizes someone to:

• Pay bills
• Manage investments
• Sell property if necessary
• Handle banking
• Oversee financial affairs

A power of attorney for personal care enables someone to make decisions regarding: 

• Medical treatment
• Living arrangements
• Long-term care
• Personal care needs

Many couples appoint each other first but also name several alternate decision-makers.

Should Child-Free Couples Consider a Trust?

Trusts can be useful tools that provide flexibility for many couples. Depending on your goals, a trust may help:

• Avoid unnecessary probate on certain assets, where permitted
• Protect vulnerable beneficiaries
• Support charitable giving
• Manage business succession
• Provide ongoing financial management

Not every estate requires a trust, but they can be valuable in more complex situations.

Why It’s Important to Work with Estate Planning Experts

At Lonich Patton Ehrlich Policastri (LPEP Law), we find that many people think estate planning is just about making a will and distributing assets. With the right guidance, though, your estate plan is an opportunity to express what matters most. Consider provisions supporting:

• Education
• Animal welfare
• Arts and culture
• Healthcare
• Environmental conservation
• Religious organizations
• Family traditions
• Community development

Legacy planning extends beyond financial assets. Working with an experienced estate planning lawyer ensures you can support loved ones, care for pets, make a lasting charitable impact, and more. If you’re ready to secure your future and your legacy, schedule a free consultation with the Estate Planning Group at LPEP today. 

FAQs

Q: Do child-free couples still need a will? 

A: Yes. A will ensures your assets are distributed according to your wishes rather than through the court system.

Q: Can we leave everything to each other?

A: Often, yes. However, your estate plan should also address what happens after the surviving partner dies and include alternate beneficiaries.

Q: Can we appoint someone besides family as executor?

A: Yes. Executors can be trusted friends, professionals, or trust companies if they are capable of managing the responsibilities of administering your estate.

Q: Can we leave money to charity?

A: Absolutely! Many couples leave charitable gifts through their wills, trusts, or beneficiary designations. Depending on your circumstances, these gifts may also provide tax benefits to your estate.

Q: What happens if we die at the same time? 

A: A properly drafted estate plan includes contingency provisions that specify alternate beneficiaries and executors if both partners die simultaneously or within a short period of one another.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Estate planning isn’t just for the ultra-wealthy; it’s for anyone who wants to protect their family, their assets, and their wishes. Yet many people put it off or make avoidable mistakes that can create stress, confusion, and unnecessary costs down the line. Here are some of the most common estate planning pitfalls and how to avoid them.

Waiting Too Long to Start Estate Planning

One of the biggest mistakes is simply not having a plan at all. Life is busy, and estate planning can feel like something to deal with “later.” But unexpected events don’t follow a timeline.

How to avoid it:

Start with the basics: a will, a durable power of attorney, and a healthcare directive. These foundational documents ensure your wishes are known and reduce uncertainty for your loved ones.

Relying Only on a Will

Many people assume a will is enough. While a will is essential, it doesn’t avoid probate, a legal process that can be time-consuming and costly in California.

How to avoid it:

Consider a revocable living trust. This allows your assets to pass to your beneficiaries without going through probate, saving time and maintaining privacy.

Not Updating Your Plan

Life changes, through marriages, divorces, new children, and new assets, but estate plans often stay frozen in time and can quickly become outdated or no longer aligned with your wishes. 

How to avoid it:

Review your estate plan every 3–5 years or after major life events. Keeping your documents current ensures they reflect your actual wishes and circumstances.

Forgetting to Fund Your Trust

Creating a trust is only half the job. If assets aren’t properly transferred into the trust, they may still end up in probate.

How to avoid it:

Work with your attorney to “fund” your trust by retitling assets like real estate, bank accounts, and investments. This step is critical and often overlooked.

Overlooking Beneficiary Designations

Retirement accounts, life insurance policies, and certain financial accounts pass directly to named beneficiaries, regardless of what your will or trust says.

How to avoid it:

Regularly review and update beneficiary designations to ensure they align with your overall estate plan.

Choosing the Wrong Trustee or Executor

Selecting someone to manage your estate is a significant decision. Choosing based solely on family dynamics rather than capability can lead to complications.

How to avoid it:

Pick someone responsible, organized, and capable of handling financial and legal matters. In some cases, a professional trustee may be a better fit.

Take the Next Step in Protecting Your Future

Estate planning doesn’t have to be overwhelming, but it does require thoughtful decisions and regular attention. By avoiding these common pitfalls, you can create a plan that protects your assets and provides peace of mind for you and your loved ones.

If you’re ready to put a plan in place or want to review an existing one, reach out to our experienced estate planning attorneys. A personalized strategy today can save your family time, stress, and unnecessary expense tomorrow.

Contact LPEP today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.