Don’t Lose the House: Estate Planning for Families

Why Your Kids Might Not Get the Family Home—And What You Can Do About It

It’s a painful truth: just because you want your children to inherit the family home doesn’t mean they actually will. In California, probate laws, remarriages, and outdated plans can all get in the way.

If you’re like many families in Orange County, your home is your most valuable asset—and it’s full of memories. But without proper planning, your kids might be locked out of it for years… or lose it altogether.

Here’s why.

The Probate Problem

When someone passes away and their home is still titled in their name, it almost always has to go through probate—a government-run court process to determine who inherits what.

Probate in California is:

• Slow: Often 12–24 months

• Expensive: Around $50,000 in fees for a $1M home

• Public: Anyone can look up what you owned and who got it

Worse yet, while probate is ongoing, your children cannot legally receive or transfer the home. They may not even be able to live in it.

Blended Families, Unexpected Outcomes

Even after probate is over, your kids still may not get the home.

Let’s say you remarried. Your new spouse—your children’s step-parent—could inherit part (or all) of the home, depending on how it was titled or paid for during your marriage. California’s community property laws can complicate things further.

Your spouse might live in the home for the rest of their life, keeping your children locked out until they leave or pass away.

Half-Siblings, Full Complications

If you have children from more than one relationship, another scenario arises: all the kids become joint owners—even if some of them never lived in the house or barely knew each other.

This can create long-term tension and legal conflict, especially if one wants to sell, one wants to rent it out, and one just wants to keep the memories alive.

So How Do You Protect the Family Home?

Simple: plan ahead.

• A living trust avoids probate entirely and ensures the home passes according to your wishes—fast, private, and on your terms.

• You can specify who inherits the home, when, and how.

• You can even restrict who lives there, how long a spouse can remain, or when a home should be sold.

Other tools like post-marital property agreements can clarify ownership and avoid surprises, especially in blended family situations.

The Bottom Line

If you don’t want your kids battling step-siblings, waiting decades, or losing the family home to court costs, taxes, or legal fights, estate planning is key.

A professional (like me) can guide you through options that match your family dynamic—and protect what matters most.

Ready to Start Your Estate Plan?

Book a free, no‑obligation strategy session today → https://calendly.com/mpevney/strategysession