Estate Planning: Beyond the Binder https://beyondthebinder.podbean.com Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> Wed, 01 Apr 2026 11:41:18 -0300 https://podbean.com/?v=5.5 en Copyright 2025 All rights reserved. Business 1440 episodic estateplanningbeyondthebinder estateplanningbeyondthebinder No false https://feed.podbean.com/beyondthebinder/feed.xml https://pbcdn1.podbean.com/imglogo/image-logo/20835960/EP-Podbean.jpg Estate Planning: Beyond the Binder https://beyondthebinder.podbean.com 144 144 Estate Planning for Unmarried Partners in California (Video) Estate Planning for Unmarried Partners in California (Video) https://beyondthebinder.podbean.com/e/estate-planning-for-unmarried-partners-in-california-video/ https://beyondthebinder.podbean.com/e/estate-planning-for-unmarried-partners-in-california-video/#comments Wed, 01 Apr 2026 11:41:18 -0300 beyondthebinder.podbean.com/d3802153-920f-3187-9d8f-836737852842 Episode Summary: In this episode of *Estate Planning: Beyond the Binder*, Brian Chew, a seasoned estate planning attorney, delves into the critical aspects of estate planning for unmarried partners in California. He highlights the significant legal and financial implications that arise when individuals fail to establish proper estate plans for their partners, offering valuable insights for safeguarding assets and decision-making rights.

Key Timestamps: 00:00 – Introduction 01:30 – Legal Rights of Unmarried Partners in Estate Planning 04:15 – Implications of Improper Estate Planning for Unmarried Couples 07:20 – Challenges Faced by Unmarried Partners in Medical Emergencies 10:45 – Consequences of Passing Away Without a Will for Unmarried Partners 13:10 – Tax Considerations for Gifts Among Unmarried Partners 15:50 – Importance of Updating Beneficiary Forms Alongside the Will 18:30 – Role of Cohabitation Agreements in Preventing Legal Disputes 21:05 – Implementing No Contest Clauses to Protect Partner's Assets 24:40 – Essential Estate Planning Documents for Unmarried Partners

About the Show: *Estate Planning: Beyond the Binder* is a comprehensive podcast series hosted by leading estate planning attorney Brian Chew, providing invaluable insights and strategies to help individuals navigate the complexities of estate planning effectively. Tune in to explore expert guidance on securing your assets and ensuring your loved ones are protected.

]]> Episode Summary:
In this episode of *Estate Planning: Beyond the Binder*, Brian Chew, a seasoned estate planning attorney, delves into the critical aspects of estate planning for unmarried partners in California. He highlights the significant legal and financial implications that arise when individuals fail to establish proper estate plans for their partners, offering valuable insights for safeguarding assets and decision-making rights.

Key Timestamps:
00:00 – Introduction
01:30 – Legal Rights of Unmarried Partners in Estate Planning
04:15 – Implications of Improper Estate Planning for Unmarried Couples
07:20 – Challenges Faced by Unmarried Partners in Medical Emergencies
10:45 – Consequences of Passing Away Without a Will for Unmarried Partners
13:10 – Tax Considerations for Gifts Among Unmarried Partners
15:50 – Importance of Updating Beneficiary Forms Alongside the Will
18:30 – Role of Cohabitation Agreements in Preventing Legal Disputes
21:05 – Implementing No Contest Clauses to Protect Partner's Assets
24:40 – Essential Estate Planning Documents for Unmarried Partners

About the Show:
*Estate Planning: Beyond the Binder* is a comprehensive podcast series hosted by leading estate planning attorney Brian Chew, providing invaluable insights and strategies to help individuals navigate the complexities of estate planning effectively. Tune in to explore expert guidance on securing your assets and ensuring your loved ones are protected.

]]> In this episode of *Estate Planning: Beyond the Binder*, Brian Chew, a seasoned estate planning attorney, delves into the critical aspects of estate planning for unmarried partners in California. He highlights the significant legal and financial implications that arise when individuals fail to establish proper estate plans for their partners, offering valuable insights for safeguarding assets and decision-making rights. estateplanningbeyondthebinder false No 801 25 full Estate Planning for Unmarried Partners in California (Audio) Estate Planning for Unmarried Partners in California (Audio) https://beyondthebinder.podbean.com/e/estate-planning-for-unmarried-partners-in-california/ https://beyondthebinder.podbean.com/e/estate-planning-for-unmarried-partners-in-california/#comments Wed, 01 Apr 2026 11:35:30 -0300 beyondthebinder.podbean.com/3371dd6b-d2e5-3be4-9d9a-8ad8b50089e0 Episode Summary: In this episode of *Estate Planning: Beyond the Binder*, Brian Chew, a seasoned estate planning attorney, delves into the critical aspects of estate planning for unmarried partners in California. He highlights the significant legal and financial implications that arise when individuals fail to establish proper estate plans for their partners, offering valuable insights for safeguarding assets and decision-making rights.

Key Timestamps: 00:00 – Introduction 01:30 – Legal Rights of Unmarried Partners in Estate Planning 04:15 – Implications of Improper Estate Planning for Unmarried Couples 07:20 – Challenges Faced by Unmarried Partners in Medical Emergencies 10:45 – Consequences of Passing Away Without a Will for Unmarried Partners 13:10 – Tax Considerations for Gifts Among Unmarried Partners 15:50 – Importance of Updating Beneficiary Forms Alongside the Will 18:30 – Role of Cohabitation Agreements in Preventing Legal Disputes 21:05 – Implementing No Contest Clauses to Protect Partner's Assets 24:40 – Essential Estate Planning Documents for Unmarried Partners

About the Show: *Estate Planning: Beyond the Binder* is a comprehensive podcast series hosted by leading estate planning attorney Brian Chew, providing invaluable insights and strategies to help individuals navigate the complexities of estate planning effectively. Tune in to explore expert guidance on securing your assets and ensuring your loved ones are protected.

]]> Episode Summary:
In this episode of *Estate Planning: Beyond the Binder*, Brian Chew, a seasoned estate planning attorney, delves into the critical aspects of estate planning for unmarried partners in California. He highlights the significant legal and financial implications that arise when individuals fail to establish proper estate plans for their partners, offering valuable insights for safeguarding assets and decision-making rights.

Key Timestamps:
00:00 – Introduction
01:30 – Legal Rights of Unmarried Partners in Estate Planning
04:15 – Implications of Improper Estate Planning for Unmarried Couples
07:20 – Challenges Faced by Unmarried Partners in Medical Emergencies
10:45 – Consequences of Passing Away Without a Will for Unmarried Partners
13:10 – Tax Considerations for Gifts Among Unmarried Partners
15:50 – Importance of Updating Beneficiary Forms Alongside the Will
18:30 – Role of Cohabitation Agreements in Preventing Legal Disputes
21:05 – Implementing No Contest Clauses to Protect Partner's Assets
24:40 – Essential Estate Planning Documents for Unmarried Partners

About the Show:
*Estate Planning: Beyond the Binder* is a comprehensive podcast series hosted by leading estate planning attorney Brian Chew, providing invaluable insights and strategies to help individuals navigate the complexities of estate planning effectively. Tune in to explore expert guidance on securing your assets and ensuring your loved ones are protected.

]]> In this episode of *Estate Planning: Beyond the Binder*, Brian Chew, a seasoned estate planning attorney, delves into the critical aspects of estate planning for unmarried partners in California. He highlights the significant legal and financial implications that arise when individuals fail to establish proper estate plans for their partners, offering valuable insights for safeguarding assets and decision-making rights. estateplanningbeyondthebinder false No 801 24 full The Estate Planning Legal Checklist Parents Forget Before College The Estate Planning Legal Checklist Parents Forget Before College https://beyondthebinder.podbean.com/e/the-estate-planning-legal-checklist-parents-forget-before-college/ https://beyondthebinder.podbean.com/e/the-estate-planning-legal-checklist-parents-forget-before-college/#comments Wed, 18 Mar 2026 15:30:00 -0300 beyondthebinder.podbean.com/b703c4ff-f8dc-36c8-8de6-7026603eb871 Episode Summary:

In this episode, Brian Chew, a leading estate planning attorney, discusses the crucial estate planning legal checklist every parent needs before their child heads to college. From understanding the impact of turning 18 to the necessity of documents like power of attorney and health care directives, Brian offers practical insights to ensure parents are prepared for any unforeseen emergencies.

Key Timestamps:

00:00 – Introduction

01:17 – Impact of turning 18 on parental rights

03:45 – Importance of power of attorney and health care directives

06:22 – Dealing with incapacitation and access to accounts

08:58 – Explaining the purpose of these documents to students

11:30 – Dispelling myths about automatic parental rights

14:45 – Best time to establish these documents

16:50 – Encouraging proactive discussions with children

19:10 – Ensuring a strong estate plan with trusted individuals

About the Show:

*Estate Planning Beyond the Binder* delves into essential legal considerations for families, guiding listeners through the complexities of estate planning to secure their loved ones' futures. Tune in for expert advice on navigating legal processes and protecting your assets.

]]> Episode Summary:

In this episode, Brian Chew, a leading estate planning attorney, discusses the crucial estate planning legal checklist every parent needs before their child heads to college. From understanding the impact of turning 18 to the necessity of documents like power of attorney and health care directives, Brian offers practical insights to ensure parents are prepared for any unforeseen emergencies.

Key Timestamps:

00:00 – Introduction

01:17 – Impact of turning 18 on parental rights

03:45 – Importance of power of attorney and health care directives

06:22 – Dealing with incapacitation and access to accounts

08:58 – Explaining the purpose of these documents to students

11:30 – Dispelling myths about automatic parental rights

14:45 – Best time to establish these documents

16:50 – Encouraging proactive discussions with children

19:10 – Ensuring a strong estate plan with trusted individuals

About the Show:

*Estate Planning Beyond the Binder* delves into essential legal considerations for families, guiding listeners through the complexities of estate planning to secure their loved ones' futures. Tune in for expert advice on navigating legal processes and protecting your assets.

]]> In this episode, Brian Chew, a leading estate planning attorney, discusses the crucial estate planning legal checklist every parent needs before their child heads to college. From understanding the impact of turning 18 to the necessity of documents like power of attorney and health care directives, Brian offers practical insights to ensure parents are prepared for any unforeseen emergencies. estateplanningbeyondthebinder false No 673 23 full Life Insurance & Estate Planning: How They Work Together Life Insurance & Estate Planning: How They Work Together https://beyondthebinder.podbean.com/e/life-insurance-estate-planning-how-they-work-together/ https://beyondthebinder.podbean.com/e/life-insurance-estate-planning-how-they-work-together/#comments Wed, 04 Mar 2026 14:46:14 -0400 beyondthebinder.podbean.com/f5ab6d1d-e15a-376d-be8c-5b872b2610fc Episode Summary: In this episode, Brian Chew, the managing partner at OC Wills and Trust Attorneys, delves into the crucial role of life insurance within an estate plan. He emphasizes the significance of life insurance in replacing lost income, supporting surviving family members, and providing liquidity for various expenses. Brian also highlights the common mistakes people make when not integrating life insurance with their estate plan and the importance of regularly reviewing and updating policies to align with changing circumstances.

Key Timestamps: 00:00 – Introduction 01:30 – Importance of life insurance in an estate plan 03:45 – Mistakes when not connecting life insurance to the estate plan 06:20 – Naming the correct beneficiaries to avoid legal issues 08:15 – Benefits of naming a trust as a life insurance beneficiary 10:00 – Providing liquidity through life insurance for estate expenses 12:45 – Safeguarding both new spouses and children from prior marriages 14:30 – Adapting life insurance needs as families grow and circumstances change 16:50 – Importance of reviewing and adjusting life insurance policies 19:10 – Ensuring life insurance aligns with the overall estate plan

About the Show: *Estate Planning Beyond the Binder* is a podcast series dedicated to educating families on comprehensive estate planning strategies. Hosted by industry experts, each episode provides valuable insights and actionable advice on securing your legacy and protecting your loved ones.

]]> Episode Summary:
In this episode, Brian Chew, the managing partner at OC Wills and Trust Attorneys, delves into the crucial role of life insurance within an estate plan. He emphasizes the significance of life insurance in replacing lost income, supporting surviving family members, and providing liquidity for various expenses. Brian also highlights the common mistakes people make when not integrating life insurance with their estate plan and the importance of regularly reviewing and updating policies to align with changing circumstances.

Key Timestamps:
00:00 – Introduction
01:30 – Importance of life insurance in an estate plan
03:45 – Mistakes when not connecting life insurance to the estate plan
06:20 – Naming the correct beneficiaries to avoid legal issues
08:15 – Benefits of naming a trust as a life insurance beneficiary
10:00 – Providing liquidity through life insurance for estate expenses
12:45 – Safeguarding both new spouses and children from prior marriages
14:30 – Adapting life insurance needs as families grow and circumstances change
16:50 – Importance of reviewing and adjusting life insurance policies
19:10 – Ensuring life insurance aligns with the overall estate plan

About the Show:
*Estate Planning Beyond the Binder* is a podcast series dedicated to educating families on comprehensive estate planning strategies. Hosted by industry experts, each episode provides valuable insights and actionable advice on securing your legacy and protecting your loved ones.

]]> In this episode, Brian Chew, the managing partner at OC Wills and Trust Attorneys, delves into the crucial role of life insurance within an estate plan. He emphasizes the significance of life insurance in replacing lost income, supporting surviving family members, and providing liquidity for various expenses. Brian also highlights the common mistakes people make when not integrating life insurance with their estate plan and the importance of regularly reviewing and updating policies to align with changing circumstances. estateplanningbeyondthebinder false No 1045 22 full Retirement Accounts & Estate Planning: What Families Need to Know Retirement Accounts & Estate Planning: What Families Need to Know https://beyondthebinder.podbean.com/e/retirement-accounts-estate-planning-what-families-need-to-know/ https://beyondthebinder.podbean.com/e/retirement-accounts-estate-planning-what-families-need-to-know/#comments Wed, 18 Feb 2026 07:41:35 -0400 estateplanningbeyondthebinder.podbean.com/47fe5861-bc76-3d71-a045-d0ec93b120c0 Episode Summary:

In this episode, Brian Chew, managing partner at OC Wills and Trust, delves into the complexities of estate planning with a focus on retirement accounts like IRAs and 401Ks. He highlights the importance of strategic planning to avoid tax pitfalls and ensure a seamless transfer of assets to beneficiaries.

Key Timestamps:

- 00:00 – Introduction

- 01:30 – Tax Implications of Traditional IRAs and 401Ks

- 04:15 – Impact of Secure Act on Inherited Retirement Accounts

- 06:45 – Changes in Rules for Inheriting Retirement Accounts

- 09:20 – Ten-Year Rule for Non-Spousal Beneficiaries

- 11:45 – Considerations for Leaving Retirement Accounts to Children

- 14:00 – Spousal vs. Children Beneficiaries: Decision Factors

- 16:30 – Common Mistakes in Estate Planning with Retirement Accounts

- 19:00 – Benefits of Using Trusts as Retirement Account Beneficiaries

- 22:10 – Anticipating Future Changes in Retirement Account Rules

- 24:30 – Practical Steps for Protecting Retirement Accounts

About the Show:

*Estate Planning Beyond the Binder with Brian Chew* offers expert insights into estate management, guiding families through the intricacies of legacy planning to secure their financial futures.

]]> Episode Summary:

In this episode, Brian Chew, managing partner at OC Wills and Trust, delves into the complexities of estate planning with a focus on retirement accounts like IRAs and 401Ks. He highlights the importance of strategic planning to avoid tax pitfalls and ensure a seamless transfer of assets to beneficiaries.

Key Timestamps:

- 00:00 – Introduction

- 01:30 – Tax Implications of Traditional IRAs and 401Ks

- 04:15 – Impact of Secure Act on Inherited Retirement Accounts

- 06:45 – Changes in Rules for Inheriting Retirement Accounts

- 09:20 – Ten-Year Rule for Non-Spousal Beneficiaries

- 11:45 – Considerations for Leaving Retirement Accounts to Children

- 14:00 – Spousal vs. Children Beneficiaries: Decision Factors

- 16:30 – Common Mistakes in Estate Planning with Retirement Accounts

- 19:00 – Benefits of Using Trusts as Retirement Account Beneficiaries

- 22:10 – Anticipating Future Changes in Retirement Account Rules

- 24:30 – Practical Steps for Protecting Retirement Accounts

About the Show:

*Estate Planning Beyond the Binder with Brian Chew* offers expert insights into estate management, guiding families through the intricacies of legacy planning to secure their financial futures.

]]> In this episode, Brian Chew, managing partner at OC Wills and Trust, delves into the complexities of estate planning with a focus on retirement accounts like IRAs and 401Ks. He highlights the importance of strategic planning to avoid tax pitfalls and ensure a seamless transfer of assets to beneficiaries. estateplanningbeyondthebinder false No 1121 21 full Retirement Accounts & Estate Planning: What Families Need to Know (Video) Retirement Accounts & Estate Planning: What Families Need to Know (Video) https://beyondthebinder.podbean.com/e/retirement-accounts-estate-planning-what-families-need-to-know-video/ https://beyondthebinder.podbean.com/e/retirement-accounts-estate-planning-what-families-need-to-know-video/#comments Wed, 18 Feb 2026 07:40:58 -0400 estateplanningbeyondthebinder.podbean.com/f9c9e572-aaf1-3755-9c9f-443cd10780f7 Episode Summary:

In this episode, Brian Chew, managing partner at OC Wills and Trust, delves into the complexities of estate planning with a focus on retirement accounts like IRAs and 401Ks. He highlights the importance of strategic planning to avoid tax pitfalls and ensure a seamless transfer of assets to beneficiaries.

Key Timestamps:

- 00:00 – Introduction

- 01:30 – Tax Implications of Traditional IRAs and 401Ks

- 04:15 – Impact of Secure Act on Inherited Retirement Accounts

- 06:45 – Changes in Rules for Inheriting Retirement Accounts

- 09:20 – Ten-Year Rule for Non-Spousal Beneficiaries

- 11:45 – Considerations for Leaving Retirement Accounts to Children

- 14:00 – Spousal vs. Children Beneficiaries: Decision Factors

- 16:30 – Common Mistakes in Estate Planning with Retirement Accounts

- 19:00 – Benefits of Using Trusts as Retirement Account Beneficiaries

- 22:10 – Anticipating Future Changes in Retirement Account Rules

- 24:30 – Practical Steps for Protecting Retirement Accounts

About the Show:

*Estate Planning Beyond the Binder with Brian Chew* offers expert insights into estate management, guiding families through the intricacies of legacy planning to secure their financial futures.

]]> Episode Summary:

In this episode, Brian Chew, managing partner at OC Wills and Trust, delves into the complexities of estate planning with a focus on retirement accounts like IRAs and 401Ks. He highlights the importance of strategic planning to avoid tax pitfalls and ensure a seamless transfer of assets to beneficiaries.

Key Timestamps:

- 00:00 – Introduction

- 01:30 – Tax Implications of Traditional IRAs and 401Ks

- 04:15 – Impact of Secure Act on Inherited Retirement Accounts

- 06:45 – Changes in Rules for Inheriting Retirement Accounts

- 09:20 – Ten-Year Rule for Non-Spousal Beneficiaries

- 11:45 – Considerations for Leaving Retirement Accounts to Children

- 14:00 – Spousal vs. Children Beneficiaries: Decision Factors

- 16:30 – Common Mistakes in Estate Planning with Retirement Accounts

- 19:00 – Benefits of Using Trusts as Retirement Account Beneficiaries

- 22:10 – Anticipating Future Changes in Retirement Account Rules

- 24:30 – Practical Steps for Protecting Retirement Accounts

About the Show:

*Estate Planning Beyond the Binder with Brian Chew* offers expert insights into estate management, guiding families through the intricacies of legacy planning to secure their financial futures.

]]> In this episode, Brian Chew, managing partner at OC Wills and Trust, delves into the complexities of estate planning with a focus on retirement accounts like IRAs and 401Ks. He highlights the importance of strategic planning to avoid tax pitfalls and ensure a seamless transfer of assets to beneficiaries. estateplanningbeyondthebinder false No 1121 20 full Vacation Homes & Out-of-State Property: Avoiding Multi-State Probate (Video) Vacation Homes & Out-of-State Property: Avoiding Multi-State Probate (Video) https://beyondthebinder.podbean.com/e/vacation-homes-out-of-state-property-avoiding-multi-state-probate-video/ https://beyondthebinder.podbean.com/e/vacation-homes-out-of-state-property-avoiding-multi-state-probate-video/#comments Wed, 04 Feb 2026 12:28:23 -0400 estateplanningbeyondthebinder.podbean.com/05a26032-592f-3e1f-b641-84ce7479c09d Episode Summary:  

In this crucial episode, Brian Chew explains why owning a vacation home, rental property, or inherited land in another state can turn into a nightmare of ancillary probates, extra attorneys, and tens of thousands in unexpected fees. Brian reveals the simple fix that lets one California trust own property nationwide, the LLC pitfalls most owners miss, and why family vacation homes often end up being sold anyway — but only after proper planning.

Key Timestamps:  

00:01 – Show Introduction  

00:50 – The Real Cost of Probate on Out-of-State Property  

02:00 – Ancillary Probate: One Property = One Extra Court Case  

04:00 – California Probate vs. Other States: Same Pain, New Court  

05:00 – Biggest Mistake: Having a Trust But Forgetting to Fund It  

06:30 – LLCs for Rentals: Protection vs. Triggering the Due-on-Sale Clause  

08:00 – Inheritance Tax Surprises in Other States  

09:00 – Real Stories: Families Stuck in Multi-State Probate Hell vs. Smooth Transfers  

10:30 – Exact Steps to Fix It Today (It Works in 49 States)  

11:30 – Family Vacation Homes: Dream vs. Reality  

12:30 – Closing Resources

About the Show:  

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> Episode Summary:  

In this crucial episode, Brian Chew explains why owning a vacation home, rental property, or inherited land in another state can turn into a nightmare of ancillary probates, extra attorneys, and tens of thousands in unexpected fees. Brian reveals the simple fix that lets one California trust own property nationwide, the LLC pitfalls most owners miss, and why family vacation homes often end up being sold anyway — but only after proper planning.

Key Timestamps:  

00:01 – Show Introduction  

00:50 – The Real Cost of Probate on Out-of-State Property  

02:00 – Ancillary Probate: One Property = One Extra Court Case  

04:00 – California Probate vs. Other States: Same Pain, New Court  

05:00 – Biggest Mistake: Having a Trust But Forgetting to Fund It  

06:30 – LLCs for Rentals: Protection vs. Triggering the Due-on-Sale Clause  

08:00 – Inheritance Tax Surprises in Other States  

09:00 – Real Stories: Families Stuck in Multi-State Probate Hell vs. Smooth Transfers  

10:30 – Exact Steps to Fix It Today (It Works in 49 States)  

11:30 – Family Vacation Homes: Dream vs. Reality  

12:30 – Closing Resources

About the Show:  

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> In this crucial episode, Brian Chew explains why owning a vacation home, rental property, or inherited land in another state can turn into a nightmare of ancillary probates, extra attorneys, and tens of thousands in unexpected fees. Brian reveals the simple fix that lets one California trust own property nationwide, the LLC pitfalls most owners miss, and why family vacation homes often end up being sold anyway — but only after proper planning. estateplanningbeyondthebinder false No 825 19 full Vacation Homes & Out-of-State Property: Avoiding Multi-State Probate Vacation Homes & Out-of-State Property: Avoiding Multi-State Probate https://beyondthebinder.podbean.com/e/vacation-homes-out-of-state-property-avoiding-multi-state-probate/ https://beyondthebinder.podbean.com/e/vacation-homes-out-of-state-property-avoiding-multi-state-probate/#comments Wed, 04 Feb 2026 09:06:50 -0400 estateplanningbeyondthebinder.podbean.com/6fc2a56f-4390-3b05-9b16-707d2f5180af Episode Summary:  

In this crucial episode, Brian Chew explains why owning a vacation home, rental property, or inherited land in another state can turn into a nightmare of ancillary probates, extra attorneys, and tens of thousands in unexpected fees. Brian reveals the simple fix that lets one California trust own property nationwide, the LLC pitfalls most owners miss, and why family vacation homes often end up being sold anyway — but only after proper planning.

Key Timestamps:  

00:01 – Show Introduction  

00:50 – The Real Cost of Probate on Out-of-State Property  

02:00 – Ancillary Probate: One Property = One Extra Court Case  

04:00 – California Probate vs. Other States: Same Pain, New Court  

05:00 – Biggest Mistake: Having a Trust But Forgetting to Fund It  

06:30 – LLCs for Rentals: Protection vs. Triggering the Due-on-Sale Clause  

08:00 – Inheritance Tax Surprises in Other States  

09:00 – Real Stories: Families Stuck in Multi-State Probate Hell vs. Smooth Transfers  

10:30 – Exact Steps to Fix It Today (It Works in 49 States)  

11:30 – Family Vacation Homes: Dream vs. Reality  

12:30 – Closing Resources

About the Show:  

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> Episode Summary:  

In this crucial episode, Brian Chew explains why owning a vacation home, rental property, or inherited land in another state can turn into a nightmare of ancillary probates, extra attorneys, and tens of thousands in unexpected fees. Brian reveals the simple fix that lets one California trust own property nationwide, the LLC pitfalls most owners miss, and why family vacation homes often end up being sold anyway — but only after proper planning.

Key Timestamps:  

00:01 – Show Introduction  

00:50 – The Real Cost of Probate on Out-of-State Property  

02:00 – Ancillary Probate: One Property = One Extra Court Case  

04:00 – California Probate vs. Other States: Same Pain, New Court  

05:00 – Biggest Mistake: Having a Trust But Forgetting to Fund It  

06:30 – LLCs for Rentals: Protection vs. Triggering the Due-on-Sale Clause  

08:00 – Inheritance Tax Surprises in Other States  

09:00 – Real Stories: Families Stuck in Multi-State Probate Hell vs. Smooth Transfers  

10:30 – Exact Steps to Fix It Today (It Works in 49 States)  

11:30 – Family Vacation Homes: Dream vs. Reality  

12:30 – Closing Resources

About the Show:  

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> In this crucial episode, Brian Chew explains why owning a vacation home, rental property, or inherited land in another state can turn into a nightmare of ancillary probates, extra attorneys, and tens of thousands in unexpected fees. Brian reveals the simple fix that lets one California trust own property nationwide, the LLC pitfalls most owners miss, and why family vacation homes often end up being sold anyway — but only after proper planning. estateplanningbeyondthebinder false No 825 18 full Digital Assets in Estate Planning: Protecting Your Online Life Digital Assets in Estate Planning: Protecting Your Online Life https://beyondthebinder.podbean.com/e/digital-assets-in-estate-planning-protecting-your-online-life/ https://beyondthebinder.podbean.com/e/digital-assets-in-estate-planning-protecting-your-online-life/#comments Wed, 21 Jan 2026 09:38:40 -0400 estateplanningbeyondthebinder.podbean.com/b6a486cc-b800-30e0-90e9-41600cefee19 Episode Summary:  

In this eye-opening episode, Brian Chew reveals why digital assets are the most overlooked part of modern estate planning. From cryptocurrency worth six figures to priceless family photos in the cloud, Brian explains the critical difference between legal authority and practical access, why many platforms have no “death department,” and actionable steps every family can take today to prevent permanent loss.

Key Timestamps:  

00:01 – Show Introduction  

00:50 – What Counts as a Digital Asset Today  

02:00 – Lost Forever: What Happens Without Access (Crypto Nightmare)  

03:30 – Priceless Photos & Videos – They’re Gone Too If You Don’t Plan  

05:00 – PayPal, Venmo, Online Banks – Legal vs. Practical Recovery  

07:30 – Why Most Platforms Have No Beneficiary Option (Yet)  

09:00 – Real Client Stories: Coinbase Says “We Have No Idea Who’s in Charge”  

10:30 – Step One Every Listener Can Do Today: Inventory Your Digital Life  

12:00 – Password Managers vs. Paper: Security Trade-Offs After the LA Fires  

14:30 – The One Thing Worse Than No Plan? A Plan That Doesn’t Work  

15:30 – Closing Resources

About the Show:  

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> Episode Summary:  

In this eye-opening episode, Brian Chew reveals why digital assets are the most overlooked part of modern estate planning. From cryptocurrency worth six figures to priceless family photos in the cloud, Brian explains the critical difference between legal authority and practical access, why many platforms have no “death department,” and actionable steps every family can take today to prevent permanent loss.

Key Timestamps:  

00:01 – Show Introduction  

00:50 – What Counts as a Digital Asset Today  

02:00 – Lost Forever: What Happens Without Access (Crypto Nightmare)  

03:30 – Priceless Photos & Videos – They’re Gone Too If You Don’t Plan  

05:00 – PayPal, Venmo, Online Banks – Legal vs. Practical Recovery  

07:30 – Why Most Platforms Have No Beneficiary Option (Yet)  

09:00 – Real Client Stories: Coinbase Says “We Have No Idea Who’s in Charge”  

10:30 – Step One Every Listener Can Do Today: Inventory Your Digital Life  

12:00 – Password Managers vs. Paper: Security Trade-Offs After the LA Fires  

14:30 – The One Thing Worse Than No Plan? A Plan That Doesn’t Work  

15:30 – Closing Resources

About the Show:  

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> In this eye-opening episode, Brian Chew reveals why digital assets are the most overlooked part of modern estate planning. From cryptocurrency worth six figures to priceless family photos in the cloud, Brian explains the critical difference between legal authority and practical access, why many platforms have no “death department,” and actionable steps every family can take today to prevent permanent loss. estateplanningbeyondthebinder false No 997 17 full Planning for Incapacity: Powers of Attorney and Health Care Directives Explained (Video) Planning for Incapacity: Powers of Attorney and Health Care Directives Explained (Video) https://beyondthebinder.podbean.com/e/planning-for-incapacity-powers-of-attorney-and-health-care-directives-explained-video/ https://beyondthebinder.podbean.com/e/planning-for-incapacity-powers-of-attorney-and-health-care-directives-explained-video/#comments Wed, 07 Jan 2026 13:58:31 -0400 estateplanningbeyondthebinder.podbean.com/345f3bd4-a918-39c2-ba42-e93174369d87 Episode Summary:

In this vital episode, Brian Chew shifts the focus from death to incapacity, explaining why every adult over 18 needs planning in place today. The discussion covers legal incapacity triggers, HIPAA barriers, the critical difference between powers of attorney and court-ordered conservatorships, healthcare directives vs. living wills, why DNRs rarely work in emergencies, and how proper documents spare families chaos and heartbreak.

Key Timestamps:

00:01 - Show Introduction  

00:50 - What Legal Incapacity Really Means (Even Car Accidents)  

02:00 - HIPAA Roadblock: No Documents = No Information  

04:00 - Why Spouses & Parents Are NOT Automatically Authorized  

05:30 - Power of Attorney vs. Conservatorship (Choice vs. Court)  

08:00 - Financial POA vs. Healthcare Directive (Durable Is Essential)  

10:00 - Living Will Explained: End-of-Life Wishes Inside the Directive  

12:30 - It’s Not a DNR: Why Paramedics Will Always Resuscitate  

14:00 - Choosing Your Decision-Maker: The Most Personal Choice  

15:30 - When & Why to Update (Relationships Change, Kids Grow Up)  

17:00 - Closing Resources

About the Show:

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> Episode Summary:

In this vital episode, Brian Chew shifts the focus from death to incapacity, explaining why every adult over 18 needs planning in place today. The discussion covers legal incapacity triggers, HIPAA barriers, the critical difference between powers of attorney and court-ordered conservatorships, healthcare directives vs. living wills, why DNRs rarely work in emergencies, and how proper documents spare families chaos and heartbreak.

Key Timestamps:

00:01 - Show Introduction  

00:50 - What Legal Incapacity Really Means (Even Car Accidents)  

02:00 - HIPAA Roadblock: No Documents = No Information  

04:00 - Why Spouses & Parents Are NOT Automatically Authorized  

05:30 - Power of Attorney vs. Conservatorship (Choice vs. Court)  

08:00 - Financial POA vs. Healthcare Directive (Durable Is Essential)  

10:00 - Living Will Explained: End-of-Life Wishes Inside the Directive  

12:30 - It’s Not a DNR: Why Paramedics Will Always Resuscitate  

14:00 - Choosing Your Decision-Maker: The Most Personal Choice  

15:30 - When & Why to Update (Relationships Change, Kids Grow Up)  

17:00 - Closing Resources

About the Show:

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> In this vital episode, Brian Chew shifts the focus from death to incapacity, explaining why every adult over 18 needs planning in place today. The discussion covers legal incapacity triggers, HIPAA barriers, the critical difference between powers of attorney and court-ordered conservatorships, healthcare directives vs. living wills, why DNRs rarely work in emergencies, and how proper documents spare families chaos and heartbreak. estateplanningbeyondthebinder false No 1121 16 full Planning for Incapacity: Powers of Attorney and Health Care Directives Explained Planning for Incapacity: Powers of Attorney and Health Care Directives Explained https://beyondthebinder.podbean.com/e/planning-for-incapacity-powers-of-attorney-and-health-care-directives-explained/ https://beyondthebinder.podbean.com/e/planning-for-incapacity-powers-of-attorney-and-health-care-directives-explained/#comments Wed, 07 Jan 2026 13:51:00 -0400 estateplanningbeyondthebinder.podbean.com/981f0085-6f8f-3413-ac10-315c3f80666c Episode Summary:

In this vital episode, Brian Chew shifts the focus from death to incapacity, explaining why every adult over 18 needs planning in place today. The discussion covers legal incapacity triggers, HIPAA barriers, the critical difference between powers of attorney and court-ordered conservatorships, healthcare directives vs. living wills, why DNRs rarely work in emergencies, and how proper documents spare families chaos and heartbreak.

Key Timestamps:

00:01 - Show Introduction  

00:50 - What Legal Incapacity Really Means (Even Car Accidents)  

02:00 - HIPAA Roadblock: No Documents = No Information  

04:00 - Why Spouses & Parents Are NOT Automatically Authorized  

05:30 - Power of Attorney vs. Conservatorship (Choice vs. Court)  

08:00 - Financial POA vs. Healthcare Directive (Durable Is Essential)  

10:00 - Living Will Explained: End-of-Life Wishes Inside the Directive  

12:30 - It’s Not a DNR: Why Paramedics Will Always Resuscitate  

14:00 - Choosing Your Decision-Maker: The Most Personal Choice  

15:30 - When & Why to Update (Relationships Change, Kids Grow Up)  

17:00 - Closing Resources

About the Show:

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> Episode Summary:

In this vital episode, Brian Chew shifts the focus from death to incapacity, explaining why every adult over 18 needs planning in place today. The discussion covers legal incapacity triggers, HIPAA barriers, the critical difference between powers of attorney and court-ordered conservatorships, healthcare directives vs. living wills, why DNRs rarely work in emergencies, and how proper documents spare families chaos and heartbreak.

Key Timestamps:

00:01 - Show Introduction  

00:50 - What Legal Incapacity Really Means (Even Car Accidents)  

02:00 - HIPAA Roadblock: No Documents = No Information  

04:00 - Why Spouses & Parents Are NOT Automatically Authorized  

05:30 - Power of Attorney vs. Conservatorship (Choice vs. Court)  

08:00 - Financial POA vs. Healthcare Directive (Durable Is Essential)  

10:00 - Living Will Explained: End-of-Life Wishes Inside the Directive  

12:30 - It’s Not a DNR: Why Paramedics Will Always Resuscitate  

14:00 - Choosing Your Decision-Maker: The Most Personal Choice  

15:30 - When & Why to Update (Relationships Change, Kids Grow Up)  

17:00 - Closing Resources

About the Show:

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> In this vital episode, Brian Chew shifts the focus from death to incapacity, explaining why every adult over 18 needs planning in place today. The discussion covers legal incapacity triggers, HIPAA barriers, the critical difference between powers of attorney and court-ordered conservatorships, healthcare directives vs. living wills, why DNRs rarely work in emergencies, and how proper documents spare families chaos and heartbreak. estateplanningbeyondthebinder false No 1121 15 full Business Succession Planning: Passing the Torch the Right Way Business Succession Planning: Passing the Torch the Right Way https://beyondthebinder.podbean.com/e/business-succession-planning-passing-the-torch-the-right-way/ https://beyondthebinder.podbean.com/e/business-succession-planning-passing-the-torch-the-right-way/#comments Wed, 24 Dec 2025 14:55:34 -0400 estateplanningbeyondthebinder.podbean.com/e0b34145-ea6c-3c66-8ff2-dd84e0549c78 Episode Summary:

In this critical episode, Brian Chew explains why every business owner needs a succession plan—whether retirement is decades away or tomorrow is uncertain. The discussion separates estate planning (who takes control) from succession planning (what they do next), explores the three exit options (close, sell, or continue), and stresses documenting institutional knowledge, buy-sell agreements, and the surprising tax advantages of a step-up in basis.

Key Timestamps:

00:01 - Show Introduction  

01:00 - Why Start Succession Planning Now (Not Just for Retirement)  

02:30 - What Happens Without a Plan: Chaos and Lost Value  

05:00 - Step 1: Estate Plan – Who Instantly Takes Control via Trust  

07:00 - Step 2: Succession Plan – What They Actually Do on Day One  

08:30 - Three Exit Paths: Liquidate, Sell, or Keep Running  

10:00 - Biggest Mistake: Keeping Everything in Your Head  

12:00 - Coaching Families: Who’s Involved and Who’s Ready?  

14:00 - Key Legal Tools: Buy-Sell Agreements and Operating Agreements  

15:00 - Tax Surprise: Death Is Usually a Tax-Elimination Event (Step-Up in Basis)  

17:00 - Closing Resources

 

About the Show:

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> Episode Summary:

In this critical episode, Brian Chew explains why every business owner needs a succession plan—whether retirement is decades away or tomorrow is uncertain. The discussion separates estate planning (who takes control) from succession planning (what they do next), explores the three exit options (close, sell, or continue), and stresses documenting institutional knowledge, buy-sell agreements, and the surprising tax advantages of a step-up in basis.

Key Timestamps:

00:01 - Show Introduction  

01:00 - Why Start Succession Planning Now (Not Just for Retirement)  

02:30 - What Happens Without a Plan: Chaos and Lost Value  

05:00 - Step 1: Estate Plan – Who Instantly Takes Control via Trust  

07:00 - Step 2: Succession Plan – What They Actually Do on Day One  

08:30 - Three Exit Paths: Liquidate, Sell, or Keep Running  

10:00 - Biggest Mistake: Keeping Everything in Your Head  

12:00 - Coaching Families: Who’s Involved and Who’s Ready?  

14:00 - Key Legal Tools: Buy-Sell Agreements and Operating Agreements  

15:00 - Tax Surprise: Death Is Usually a Tax-Elimination Event (Step-Up in Basis)  

17:00 - Closing Resources

 

About the Show:

"Estate Planning Beyond the Binder with Brian Chew" goes deeper than documents to protect families, businesses, and legacies. Brian Chew delivers 25+ years of real-world strategies so nothing you’ve built is left to chance.

]]> In this critical episode, Brian Chew explains why every business owner needs a succession plan—whether retirement is decades away or tomorrow is uncertain. The discussion separates estate planning (who takes control) from succession planning (what they do next), explores the three exit options (close, sell, or continue), and stresses documenting institutional knowledge, buy-sell agreements, and the surprising tax advantages of a step-up in basis. estateplanningbeyondthebinder false No 1108 14 full Estate Planning During Divorce: What You Need to Know Estate Planning During Divorce: What You Need to Know https://beyondthebinder.podbean.com/e/estate-planning-during-divorce-what-you-need-to-know/ https://beyondthebinder.podbean.com/e/estate-planning-during-divorce-what-you-need-to-know/#comments Wed, 10 Dec 2025 09:38:47 -0400 estateplanningbeyondthebinder.podbean.com/6ee1d23b-1807-3528-90c2-6cd822733927 Divorce doesn’t just change your personal life — it changes your estate plan. In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner at OC Wills and Trusts, explains how divorce impacts wills, trusts, beneficiary designations, and guardianship choices. He breaks down why updating your documents during or immediately after divorce is critical to avoid leaving an ex-spouse in charge of your finances, health care decisions, or inheritance.

Brian also covers what happens to joint trusts, how beneficiary designations work after divorce, and why community property laws in California complicate matters further. With over 25 years of experience guiding families, Brian provides clear advice on how to protect your legacy and your loved ones during this major life transition.

What You Will Learn in This Episode
  • Why divorce makes updating your estate plan essential
  • The risks of leaving an ex-spouse in charge of finances or health care decisions
  • How divorce affects wills, trusts, and powers of attorney
  • What happens to beneficiary designations on retirement accounts and life insurance
  • Why joint trusts don’t work after divorce and what to do instead
  • The role of prenuptial and postnuptial agreements in estate planning
  • How California’s community property rules complicate asset distribution
  • When to update your plan: during divorce proceedings vs. after finalization
Key Timestamps

01:15 – Why divorce requires immediate updates to estate planning documents 03:40 – The risks of leaving your ex in control of medical or financial decisions 06:00 – What happens to joint trusts once assets are split 08:20 – Updating retirement accounts, life insurance, and beneficiary designations 10:45 – How prenuptial and postnuptial agreements affect estate plans 13:00 – Community property vs. separate property in California 15:00 – Why updating your plan during divorce is sometimes urgent

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> Divorce doesn’t just change your personal life — it changes your estate plan. In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner at OC Wills and Trusts, explains how divorce impacts wills, trusts, beneficiary designations, and guardianship choices. He breaks down why updating your documents during or immediately after divorce is critical to avoid leaving an ex-spouse in charge of your finances, health care decisions, or inheritance.

Brian also covers what happens to joint trusts, how beneficiary designations work after divorce, and why community property laws in California complicate matters further. With over 25 years of experience guiding families, Brian provides clear advice on how to protect your legacy and your loved ones during this major life transition.

What You Will Learn in This Episode
  • Why divorce makes updating your estate plan essential

  • The risks of leaving an ex-spouse in charge of finances or health care decisions

  • How divorce affects wills, trusts, and powers of attorney

  • What happens to beneficiary designations on retirement accounts and life insurance

  • Why joint trusts don’t work after divorce and what to do instead

  • The role of prenuptial and postnuptial agreements in estate planning

  • How California’s community property rules complicate asset distribution

  • When to update your plan: during divorce proceedings vs. after finalization
Key Timestamps

01:15 – Why divorce requires immediate updates to estate planning documents
03:40 – The risks of leaving your ex in control of medical or financial decisions
06:00 – What happens to joint trusts once assets are split
08:20 – Updating retirement accounts, life insurance, and beneficiary designations
10:45 – How prenuptial and postnuptial agreements affect estate plans
13:00 – Community property vs. separate property in California
15:00 – Why updating your plan during divorce is sometimes urgent

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> Divorce doesn’t just change your personal life — it changes your estate plan. In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner at OC Wills and Trusts, explains how divorce impacts wills, trusts, beneficiary designations, and guardianship choices. He breaks down why updating your documents during or immediately after divorce is critical to avoid leaving an ex-spouse in charge of your finances, health care decisions, or inheritance. Brian also covers what happens to joint trusts, how beneficiary designations work after divorce, and why community property laws in California complicate matters further. With over 25 years of experience guiding families, Brian provides clear advice on how to protect your legacy and your loved ones during this major life transition. estateplanningbeyondthebinder false No 1024 13 full Special Needs Trusts: Protecting a Loved One Without Jeopardizing Benefits Special Needs Trusts: Protecting a Loved One Without Jeopardizing Benefits https://beyondthebinder.podbean.com/e/special-needs-trusts-protecting-a-loved-one-without-jeopardizing-benefits/ https://beyondthebinder.podbean.com/e/special-needs-trusts-protecting-a-loved-one-without-jeopardizing-benefits/#comments Wed, 26 Nov 2025 11:24:45 -0400 estateplanningbeyondthebinder.podbean.com/51f1eeb7-ed40-3453-a683-b54c46507bb7 In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner of OC Wills and Trusts, discusses how families can plan for children or loved ones with special needs. He explains how a properly designed special needs trust allows families to provide financial support without disqualifying their loved one from essential government benefits such as SSI and Medi-Cal. Brian also covers the differences between first-party and third-party special needs trusts, common mistakes families make, and the critical importance of choosing the right trustee.

What You Will Learn in This Episode
  • What a special needs trust is and how it protects government benefits
  • The difference between first-party and third-party special needs trusts
  • Why advance planning avoids Medi-Cal “payback” provisions
  • How funds in a special needs trust can be used to improve quality of life
  • The challenges of selecting the right trustee and why it matters
  • When to set up a standalone special needs trust versus adding a trust provision
  • How extended family members (grandparents, aunts, uncles) can contribute without jeopardizing benefits
  • Why logistics and care planning are just as important as financial planning
Key Timestamps

01:20 – What a special needs trust is and how it works 04:45 – Difference between third-party and first-party special needs trusts 07:30 – How trust funds can be used without affecting SSI or Medi-Cal 10:15 – The biggest challenge: choosing the right trustee 13:40 – How other relatives can contribute safely to a special needs trust 15:20 – Why planning ahead prevents Medi-Cal payback 17:10 – Advice for families feeling overwhelmed by the process

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner of OC Wills and Trusts, discusses how families can plan for children or loved ones with special needs. He explains how a properly designed special needs trust allows families to provide financial support without disqualifying their loved one from essential government benefits such as SSI and Medi-Cal. Brian also covers the differences between first-party and third-party special needs trusts, common mistakes families make, and the critical importance of choosing the right trustee.

What You Will Learn in This Episode
  • What a special needs trust is and how it protects government benefits

  • The difference between first-party and third-party special needs trusts

  • Why advance planning avoids Medi-Cal “payback” provisions

  • How funds in a special needs trust can be used to improve quality of life

  • The challenges of selecting the right trustee and why it matters

  • When to set up a standalone special needs trust versus adding a trust provision

  • How extended family members (grandparents, aunts, uncles) can contribute without jeopardizing benefits

  • Why logistics and care planning are just as important as financial planning

Key Timestamps

01:20 – What a special needs trust is and how it works
04:45 – Difference between third-party and first-party special needs trusts
07:30 – How trust funds can be used without affecting SSI or Medi-Cal
10:15 – The biggest challenge: choosing the right trustee
13:40 – How other relatives can contribute safely to a special needs trust
15:20 – Why planning ahead prevents Medi-Cal payback
17:10 – Advice for families feeling overwhelmed by the process



About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner of OC Wills and Trusts, discusses how families can plan for children or loved ones with special needs. He explains how a properly designed special needs trust allows families to provide financial support without disqualifying their loved one from essential government benefits such as SSI and Medi-Cal. Brian also covers the differences between first-party and third-party special needs trusts, common mistakes families make, and the critical importance of choosing the right trustee. estateplanningbeyondthebinder false No 1124 12 full What Happens If You Die Without an Estate Plan in California What Happens If You Die Without an Estate Plan in California https://beyondthebinder.podbean.com/e/what-happens-if-you-die-without-an-estate-plan-in-california/ https://beyondthebinder.podbean.com/e/what-happens-if-you-die-without-an-estate-plan-in-california/#comments Wed, 12 Nov 2025 15:30:16 -0400 estateplanningbeyondthebinder.podbean.com/9e2acb1a-a0f6-318f-9db0-f9f34d85da01 In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner at OC Wills and Trusts, explains what it truly means to die “intestate” in California. Brian breaks down how state law distributes assets, why probate can be so costly and time-consuming, and the common misconceptions about what happens when you don’t leave behind a plan. He also shares the critical differences between a will and a trust, why online legal documents often fall short, and the simple questions you should ask yourself to start building an effective estate plan.

What You Will Learn in This Episode
  • What “dying intestate” means in California
  • How state law decides who inherits your assets
  • Why probate can cost tens of thousands of dollars and take 1–2 years
  • The surprising truth about probate—even in uncontested cases
  • Why a will alone does not avoid probate
  • The risks of unfunded trusts and online legal documents
  • The three key questions to answer before starting your estate plan
  • Why estate planning is ultimately about making life easier for loved ones
Key Timestamps

01:10 – What “intestate” means and how California distributes assets 04:45 – Why probate adds major costs and delays, even when uncontested 07:20 – How owning a home makes probate especially expensive 10:05 – The difference between wills and trusts in avoiding probate 13:40 – Why unfunded trusts and online documents often fail families 15:10 – The three questions that drive every estate plan: who do you love, who do you trust, and how much do you trust them 17:00 – Why estate planning is really about caring for the people you love

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner at OC Wills and Trusts, explains what it truly means to die “intestate” in California. Brian breaks down how state law distributes assets, why probate can be so costly and time-consuming, and the common misconceptions about what happens when you don’t leave behind a plan. He also shares the critical differences between a will and a trust, why online legal documents often fall short, and the simple questions you should ask yourself to start building an effective estate plan.

What You Will Learn in This Episode
  • What “dying intestate” means in California

  • How state law decides who inherits your assets

  • Why probate can cost tens of thousands of dollars and take 1–2 years

  • The surprising truth about probate—even in uncontested cases

  • Why a will alone does not avoid probate

  • The risks of unfunded trusts and online legal documents

  • The three key questions to answer before starting your estate plan

  • Why estate planning is ultimately about making life easier for loved ones

Key Timestamps

01:10 – What “intestate” means and how California distributes assets
04:45 – Why probate adds major costs and delays, even when uncontested
07:20 – How owning a home makes probate especially expensive
10:05 – The difference between wills and trusts in avoiding probate
13:40 – Why unfunded trusts and online documents often fail families
15:10 – The three questions that drive every estate plan: who do you love, who do you trust, and how much do you trust them
17:00 – Why estate planning is really about caring for the people you love

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner at OC Wills and Trusts, explains what it truly means to die “intestate” in California. Brian breaks down how state law distributes assets, why probate can be so costly and time-consuming, and the common misconceptions about what happens when you don’t leave behind a plan. He also shares the critical differences between a will and a trust, why online legal documents often fall short, and the simple questions you should ask yourself to start building an effective estate plan. estateplanningbeyondthebinder false No 1096 11 full Blended Families, Second Marriages & Your Estate Plan Blended Families, Second Marriages & Your Estate Plan https://beyondthebinder.podbean.com/e/blended-families-second-marriages-your-estate-plan/ https://beyondthebinder.podbean.com/e/blended-families-second-marriages-your-estate-plan/#comments Wed, 29 Oct 2025 03:15:40 -0300 estateplanningbeyondthebinder.podbean.com/215f42ba-42fe-3a98-ac90-ed228f58b715 In this episode of Estate Planning: Beyond the Binder, Brian Chew, managing partner of OC Wills and Trusts, explores the unique estate planning challenges that come with blended families and second marriages. From stepchildren and separate property to prenuptial agreements and trust structures, Brian shares strategies to help protect both your spouse and your children while minimizing conflict.

What You Will Learn in This Episode
  • Why blended families face unique estate planning complications
  • The risks of relying on moral obligations versus legal protections
  • How trusts can safeguard children from being disinherited
  • The role of prenuptial and postnuptial agreements in estate planning
  • Common mistakes families make when remarrying without updating their plans
  • Why real estate (the family home) is often the most difficult asset to plan around
  • Options for ensuring fairness while protecting your legacy
Key Timestamps

01:15 – Why estate planning for blended families is more complex than traditional families 04:20 – Common mistakes in second marriages and how to avoid them 07:45 – Protecting children’s inheritance while supporting a surviving spouse 10:15 – The role of prenuptial and postnuptial agreements in dividing assets 12:50 – The importance of updating your estate plan after remarriage 15:00 – Why the family home often creates the most conflict 17:30 – Choosing trustees and preventing family disputes

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning: Beyond the Binder, Brian Chew, managing partner of OC Wills and Trusts, explores the unique estate planning challenges that come with blended families and second marriages. From stepchildren and separate property to prenuptial agreements and trust structures, Brian shares strategies to help protect both your spouse and your children while minimizing conflict.

What You Will Learn in This Episode
  • Why blended families face unique estate planning complications

  • The risks of relying on moral obligations versus legal protections

  • How trusts can safeguard children from being disinherited

  • The role of prenuptial and postnuptial agreements in estate planning

  • Common mistakes families make when remarrying without updating their plans

  • Why real estate (the family home) is often the most difficult asset to plan around

  • Options for ensuring fairness while protecting your legacy

Key Timestamps

01:15 – Why estate planning for blended families is more complex than traditional families
04:20 – Common mistakes in second marriages and how to avoid them
07:45 – Protecting children’s inheritance while supporting a surviving spouse
10:15 – The role of prenuptial and postnuptial agreements in dividing assets
12:50 – The importance of updating your estate plan after remarriage
15:00 – Why the family home often creates the most conflict
17:30 – Choosing trustees and preventing family disputes

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning: Beyond the Binder, Brian Chew, managing partner of OC Wills and Trusts, explores the unique estate planning challenges that come with blended families and second marriages. From stepchildren and separate property to prenuptial agreements and trust structures, Brian shares strategies to help protect both your spouse and your children while minimizing conflict. estateplanningbeyondthebinder false No 1148 10 full Medi-Cal Planning in California: How to Protect Your Home and Stay Eligible for Care Medi-Cal Planning in California: How to Protect Your Home and Stay Eligible for Care https://beyondthebinder.podbean.com/e/medi-cal-planning-in-california-how-to-protect-your-home-and-stay-eligible-for-care/ https://beyondthebinder.podbean.com/e/medi-cal-planning-in-california-how-to-protect-your-home-and-stay-eligible-for-care/#comments Wed, 15 Oct 2025 15:58:13 -0300 estateplanningbeyondthebinder.podbean.com/bb552ae2-b29e-3e33-be4f-2a5fcee008d5 Episode Summary In this episode of Estate Planning: Beyond the Binder, Brian Chew breaks down the complex world of Medi-Cal planning for California families. He explains how seniors can protect their homes and assets while still qualifying for long-term care benefits. Brian clears up common misconceptions, discusses the 30-month look-back period, and shares practical strategies for avoiding costly mistakes.

What You Will Learn in This Episode

  • What Medi-Cal is and how it helps cover long-term care costs
  • The difference between nursing homes, assisted living, and board-and-care facilities
  • Asset and income rules for Medi-Cal eligibility
  • How the 30-month look-back period works in California
  • Common mistakes families make when transferring property or assets
  • How revocable and irrevocable trusts impact Medi-Cal and estate recovery
  • Why planning ahead is key to protecting your home and preserving family wealth

Key Timestamps

00:02:00 – What Medi-Cal covers and how it differs from Medicare 00:05:00 – Assets you can keep and the $2,000 financial limit explained 00:07:30 – Understanding California’s 30-month look-back period 00:10:00 – The role of trusts in Medi-Cal planning and estate recovery 00:13:00 – When and how to start planning for long-term care costs 00:15:00 – Analyzing assets and choosing the right strategy for your family

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> Episode Summary
In this episode of Estate Planning: Beyond the Binder, Brian Chew breaks down the complex world of Medi-Cal planning for California families. He explains how seniors can protect their homes and assets while still qualifying for long-term care benefits. Brian clears up common misconceptions, discusses the 30-month look-back period, and shares practical strategies for avoiding costly mistakes.

What You Will Learn in This Episode

  • What Medi-Cal is and how it helps cover long-term care costs

  • The difference between nursing homes, assisted living, and board-and-care facilities

  • Asset and income rules for Medi-Cal eligibility

  • How the 30-month look-back period works in California

  • Common mistakes families make when transferring property or assets

  • How revocable and irrevocable trusts impact Medi-Cal and estate recovery

  • Why planning ahead is key to protecting your home and preserving family wealth

Key Timestamps

00:02:00 – What Medi-Cal covers and how it differs from Medicare
00:05:00 – Assets you can keep and the $2,000 financial limit explained
00:07:30 – Understanding California’s 30-month look-back period
00:10:00 – The role of trusts in Medi-Cal planning and estate recovery
00:13:00 – When and how to start planning for long-term care costs
00:15:00 – Analyzing assets and choosing the right strategy for your family

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning: Beyond the Binder, Brian Chew breaks down the complex world of Medi-Cal planning for California families. He explains how seniors can protect their homes and assets while still qualifying for long-term care benefits. Brian clears up common misconceptions, discusses the 30-month look-back period, and shares practical strategies for avoiding costly mistakes. estateplanningbeyondthebinder false No 1136 9 full Who Do You Trust? Picking the Right People for Your Estate Plan Who Do You Trust? Picking the Right People for Your Estate Plan https://beyondthebinder.podbean.com/e/who-do-you-trust-picking-the-right-people-for-your-estate-plan/ https://beyondthebinder.podbean.com/e/who-do-you-trust-picking-the-right-people-for-your-estate-plan/#comments Thu, 02 Oct 2025 12:51:40 -0300 estateplanningbeyondthebinder.podbean.com/b21ff1d8-877a-3124-9b00-97c0c076e556 Episode Summary Your estate plan is only as strong as the people you choose to carry it out. From trustees to guardians to powers of attorney, these roles require judgment, honesty, and responsibility. In this episode, Brian Chew explains how to select the right people, what qualities matter most, and the common mistakes families make when making these important decisions.

What You Will Learn in This Episode

  • Why trust and good judgment are the top qualities to look for
  • The risks of automatically naming the oldest child as trustee
  • Political and family dynamics to consider when appointing decision-makers
  • Pros and cons of naming co-trustees
  • The most important factors in selecting guardians for minor children
  • When it makes sense to use a professional trustee or corporate fiduciary
  • How and when you can change your choices later on

Key Timestamps

00:01:30 – Why trustees operate with little oversight and why trust is critical 00:03:50 – Beyond trust: the importance of good judgment 00:05:00 – Family politics and risks of naming the oldest child by default 00:07:15 – Why co-trustees can create more conflict than resolution 00:09:45 – Choosing guardians for minor children 00:12:20 – How to amend or update trustee and guardian appointments 00:14:30 – The dangers of picking the wrong person to serve 00:15:30 – When to consider a professional trustee or corporate fiduciary

Show Description Choosing the right people to carry out your estate plan is one of the most important—and often overlooked—parts of planning. In this episode, Brian Chew shares practical insights on how to select trustees, guardians, and powers of attorney. He explains the traits that matter most, the family dynamics that can create conflict, and why sometimes a professional or corporate trustee may be the best option.

]]> Episode Summary
Your estate plan is only as strong as the people you choose to carry it out. From trustees to guardians to powers of attorney, these roles require judgment, honesty, and responsibility. In this episode, Brian Chew explains how to select the right people, what qualities matter most, and the common mistakes families make when making these important decisions.

What You Will Learn in This Episode

  • Why trust and good judgment are the top qualities to look for

  • The risks of automatically naming the oldest child as trustee

  • Political and family dynamics to consider when appointing decision-makers

  • Pros and cons of naming co-trustees

  • The most important factors in selecting guardians for minor children

  • When it makes sense to use a professional trustee or corporate fiduciary

  • How and when you can change your choices later on

Key Timestamps

00:01:30 – Why trustees operate with little oversight and why trust is critical
00:03:50 – Beyond trust: the importance of good judgment
00:05:00 – Family politics and risks of naming the oldest child by default
00:07:15 – Why co-trustees can create more conflict than resolution
00:09:45 – Choosing guardians for minor children
00:12:20 – How to amend or update trustee and guardian appointments
00:14:30 – The dangers of picking the wrong person to serve
00:15:30 – When to consider a professional trustee or corporate fiduciary

Show Description
Choosing the right people to carry out your estate plan is one of the most important—and often overlooked—parts of planning. In this episode, Brian Chew shares practical insights on how to select trustees, guardians, and powers of attorney. He explains the traits that matter most, the family dynamics that can create conflict, and why sometimes a professional or corporate trustee may be the best option.

]]> Your estate plan is only as strong as the people you choose to carry it out. From trustees to guardians to powers of attorney, these roles require judgment, honesty, and responsibility. In this episode, Brian Chew explains how to select the right people, what qualities matter most, and the common mistakes families make when making these important decisions. estateplanningbeyondthebinder false No 1102 8 full Estate Planning Myths That Can Cost Your Family Thousands Estate Planning Myths That Can Cost Your Family Thousands https://beyondthebinder.podbean.com/e/estate-planning-myths-that-can-cost-your-family-thousands/ https://beyondthebinder.podbean.com/e/estate-planning-myths-that-can-cost-your-family-thousands/#comments Wed, 17 Sep 2025 17:04:41 -0300 estateplanningbeyondthebinder.podbean.com/d5732881-6927-3351-89e6-fc1a08eae225 In this episode of Estate Planning Beyond the Binder, estate planning attorney Brian Chew, Managing Partner at OC Wills and Trusts, addresses some of the most common myths that often mislead families about estate planning. With over 25 years of experience helping Orange County families protect their legacies, Brian explains why misconceptions about wills, trusts, and estate plans can create unnecessary risks and how to take the right steps to avoid costly mistakes.

From the myth that the government automatically takes your money to the idea that only wealthy individuals need a trust, Brian breaks down what families really need to know. He also discusses why simply having a will is not enough, how handwritten or online estate plans can fall short, and what practical steps people should take to ensure their loved ones are truly protected.

Episode Timestamps

00:42 – The dangers of estate planning myths and misinformation 03:15 – Why the government doesn’t “take your money” but may end up holding unclaimed assets 06:22 – Trusts are not just for the wealthy—why they matter for everyone 10:11 – Wills vs. trusts: why relying on a will often means going through probate 13:48 – Handwritten and online wills: risks, validity, and common mistakes 16:05 – The first step to getting started with an estate plan

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning Beyond the Binder, estate planning attorney Brian Chew, Managing Partner at OC Wills and Trusts, addresses some of the most common myths that often mislead families about estate planning. With over 25 years of experience helping Orange County families protect their legacies, Brian explains why misconceptions about wills, trusts, and estate plans can create unnecessary risks and how to take the right steps to avoid costly mistakes.

From the myth that the government automatically takes your money to the idea that only wealthy individuals need a trust, Brian breaks down what families really need to know. He also discusses why simply having a will is not enough, how handwritten or online estate plans can fall short, and what practical steps people should take to ensure their loved ones are truly protected.

Episode Timestamps

00:42 – The dangers of estate planning myths and misinformation
03:15 – Why the government doesn’t “take your money” but may end up holding unclaimed assets
06:22 – Trusts are not just for the wealthy—why they matter for everyone
10:11 – Wills vs. trusts: why relying on a will often means going through probate
13:48 – Handwritten and online wills: risks, validity, and common mistakes
16:05 – The first step to getting started with an estate plan

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.

]]> In this episode of Estate Planning Beyond the Binder, estate planning attorney Brian Chew, Managing Partner at OC Wills and Trusts, addresses some of the most common myths that often mislead families about estate planning. With over 25 years of experience helping Orange County families protect their legacies, Brian explains why misconceptions about wills, trusts, and estate plans can create unnecessary risks and how to take the right steps to avoid costly mistakes. From the myth that the government automatically takes your money to the idea that only wealthy individuals need a trust, Brian breaks down what families really need to know. He also discusses why simply having a will is not enough, how handwritten or online estate plans can fall short, and what practical steps people should take to ensure their loved ones are truly protected. estateplanningbeyondthebinder false No 1124 7 full The Hidden Risks of Putting Your Kids on the Title The Hidden Risks of Putting Your Kids on the Title https://beyondthebinder.podbean.com/e/the-hidden-risks-of-putting-your-kids-on-the-title-1756900771/ https://beyondthebinder.podbean.com/e/the-hidden-risks-of-putting-your-kids-on-the-title-1756900771/#comments Wed, 03 Sep 2025 08:59:31 -0300 estateplanningbeyondthebinder.podbean.com/fb0b8ec1-8a02-3fef-842a-52d208637d0d In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, tackles a common but risky estate planning shortcut—putting children on the title of a home. Brian explains why many parents consider this strategy to avoid probate, but also reveals the serious downsides, including tax consequences, creditor risks, and loss of control. He breaks down California-specific issues such as Proposition 19, the step-up in basis, and property tax reassessments. Brian also outlines safer alternatives, including revocable living trusts, that protect assets while preserving flexibility for parents and tax benefits for heirs.

Key Timestamps:

00:01 – Show introduction 01:15 – Why parents put children on title to avoid probate 03:20 – Risks of unexpected events and joint ownership complications 06:05 – How children’s creditors and lawsuits can endanger property 08:30 – The tax downside: losing the step-up in basis 12:00 – California’s Proposition 19 and property tax reassessment issues 15:40 – Why revocable living trusts are a safer and smarter alternative 18:10 – What to do if you’ve already added children to a title 21:25 – Permanent consequences of property transfers vs. revocable trusts 24:00 – Final thoughts on why control and flexibility matter in estate planning

About the Show:

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, tackles a common but risky estate planning shortcut—putting children on the title of a home. Brian explains why many parents consider this strategy to avoid probate, but also reveals the serious downsides, including tax consequences, creditor risks, and loss of control. He breaks down California-specific issues such as Proposition 19, the step-up in basis, and property tax reassessments. Brian also outlines safer alternatives, including revocable living trusts, that protect assets while preserving flexibility for parents and tax benefits for heirs.

Key Timestamps:

00:01 – Show introduction
01:15 – Why parents put children on title to avoid probate
03:20 – Risks of unexpected events and joint ownership complications
06:05 – How children’s creditors and lawsuits can endanger property
08:30 – The tax downside: losing the step-up in basis
12:00 – California’s Proposition 19 and property tax reassessment issues
15:40 – Why revocable living trusts are a safer and smarter alternative
18:10 – What to do if you’ve already added children to a title
21:25 – Permanent consequences of property transfers vs. revocable trusts
24:00 – Final thoughts on why control and flexibility matter in estate planning

About the Show:

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, tackles a common but risky estate planning shortcut—putting children on the title of a home. Brian explains why many parents consider this strategy to avoid probate, but also reveals the serious downsides, including tax consequences, creditor risks, and loss of control. He breaks down California-specific issues such as Proposition 19, the step-up in basis, and property tax reassessments. Brian also outlines safer alternatives, including revocable living trusts, that protect assets while preserving flexibility for parents and tax benefits for heirs. estateplanningbeyondthebinder false No 939 6 full The Hidden Risks of Putting Your Kids on the Title The Hidden Risks of Putting Your Kids on the Title https://beyondthebinder.podbean.com/e/the-hidden-risks-of-putting-your-kids-on-the-title/ https://beyondthebinder.podbean.com/e/the-hidden-risks-of-putting-your-kids-on-the-title/#comments Wed, 03 Sep 2025 08:49:09 -0300 estateplanningbeyondthebinder.podbean.com/3393bf7b-93d9-3819-aaed-7fd626d257bf In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, tackles a common but risky estate planning shortcut—putting children on the title of a home. Brian explains why many parents consider this strategy to avoid probate, but also reveals the serious downsides, including tax consequences, creditor risks, and loss of control. He breaks down California-specific issues such as Proposition 19, the step-up in basis, and property tax reassessments. Brian also outlines safer alternatives, including revocable living trusts, that protect assets while preserving flexibility for parents and tax benefits for heirs.

Key Timestamps:

00:01 – Show introduction 01:15 – Why parents put children on title to avoid probate 03:20 – Risks of unexpected events and joint ownership complications 06:05 – How children’s creditors and lawsuits can endanger property 08:30 – The tax downside: losing the step-up in basis 12:00 – California’s Proposition 19 and property tax reassessment issues 15:40 – Why revocable living trusts are a safer and smarter alternative 18:10 – What to do if you’ve already added children to a title 21:25 – Permanent consequences of property transfers vs. revocable trusts 24:00 – Final thoughts on why control and flexibility matter in estate planning

About the Show:

Estate Planning Beyond the Binder with Brian Chew helps families go deeper than just drafting documents. Each episode offers practical insights into estate planning strategies that minimize taxes, protect assets, and provide long-term security. With over 25 years of experience serving Orange County families, Brian Chew provides trusted legal guidance to help clients make smarter estate planning decisions.

]]> In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, tackles a common but risky estate planning shortcut—putting children on the title of a home. Brian explains why many parents consider this strategy to avoid probate, but also reveals the serious downsides, including tax consequences, creditor risks, and loss of control. He breaks down California-specific issues such as Proposition 19, the step-up in basis, and property tax reassessments. Brian also outlines safer alternatives, including revocable living trusts, that protect assets while preserving flexibility for parents and tax benefits for heirs.

Key Timestamps:

00:01 – Show introduction
01:15 – Why parents put children on title to avoid probate
03:20 – Risks of unexpected events and joint ownership complications
06:05 – How children’s creditors and lawsuits can endanger property
08:30 – The tax downside: losing the step-up in basis
12:00 – California’s Proposition 19 and property tax reassessment issues
15:40 – Why revocable living trusts are a safer and smarter alternative
18:10 – What to do if you’ve already added children to a title
21:25 – Permanent consequences of property transfers vs. revocable trusts
24:00 – Final thoughts on why control and flexibility matter in estate planning

About the Show:

Estate Planning Beyond the Binder with Brian Chew helps families go deeper than just drafting documents. Each episode offers practical insights into estate planning strategies that minimize taxes, protect assets, and provide long-term security. With over 25 years of experience serving Orange County families, Brian Chew provides trusted legal guidance to help clients make smarter estate planning decisions.

]]> Episode Summary: In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, tackles a common but risky estate planning shortcut—putting children on the title of a home. Brian explains why many parents consider this strategy to avoid probate, but also reveals the serious downsides, including tax consequences, creditor risks, and loss of control. He breaks down California-specific issues such as Proposition 19, the step-up in basis, and property tax reassessments. Brian also outlines safer alternatives, including revocable living trusts, that protect assets while preserving flexibility for parents and tax benefits for heirs. estateplanningbeyondthebinder false No 939 5 full When to Update Your Estate Plan When to Update Your Estate Plan https://beyondthebinder.podbean.com/e/when-to-update-your-estate-plan/ https://beyondthebinder.podbean.com/e/when-to-update-your-estate-plan/#comments Wed, 20 Aug 2025 16:21:05 -0300 estateplanningbeyondthebinder.podbean.com/0b3b0389-c949-3a27-bad1-1e14a03d884e In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, discusses the life events that should trigger an estate plan review. Brian explains why changing relationships—not just changing assets—are the top reason for updating trusts, and how failing to review your plan can lead to costly mistakes. From growing children, divorce, and remarriage to outdated AB trust provisions and funding issues, Brian provides practical insights on keeping your estate plan current, effective, and tax-efficient. He also highlights why working with a responsive law firm makes all the difference in ensuring long-term protection for your family.

Key Timestamps:

00:01 – Show introduction 01:15 – Life changes that should trigger an estate plan review 04:20 – Why relationships often matter more than assets in updating a trust 06:30 – Adding or removing trustees, beneficiaries, or backup plans 09:15 – Divorce, remarriage, and new children or grandchildren 12:00 – Risks of letting an estate plan collect dust 15:25 – The importance of properly funding a trust 18:40 – Outdated AB trust provisions and 2012 law changes 22:15 – Amendment vs. restatement: what’s the difference? 26:00 – Why responsiveness and client follow-up are critical in estate planning 29:45 – Final thoughts on maintaining an effective estate plan

About the Show:

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, discusses the life events that should trigger an estate plan review. Brian explains why changing relationships—not just changing assets—are the top reason for updating trusts, and how failing to review your plan can lead to costly mistakes. From growing children, divorce, and remarriage to outdated AB trust provisions and funding issues, Brian provides practical insights on keeping your estate plan current, effective, and tax-efficient. He also highlights why working with a responsive law firm makes all the difference in ensuring long-term protection for your family.

Key Timestamps:

00:01 – Show introduction
01:15 – Life changes that should trigger an estate plan review
04:20 – Why relationships often matter more than assets in updating a trust
06:30 – Adding or removing trustees, beneficiaries, or backup plans
09:15 – Divorce, remarriage, and new children or grandchildren
12:00 – Risks of letting an estate plan collect dust
15:25 – The importance of properly funding a trust
18:40 – Outdated AB trust provisions and 2012 law changes
22:15 – Amendment vs. restatement: what’s the difference?
26:00 – Why responsiveness and client follow-up are critical in estate planning
29:45 – Final thoughts on maintaining an effective estate plan

About the Show:

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> In this episode of Estate Planning Beyond the Binder, Brian Chew, Managing Partner at OC Wills & Trusts, discusses the life events that should trigger an estate plan review. Brian explains why changing relationships—not just changing assets—are the top reason for updating trusts, and how failing to review your plan can lead to costly mistakes. From growing children, divorce, and remarriage to outdated AB trust provisions and funding issues, Brian provides practical insights on keeping your estate plan current, effective, and tax-efficient. He also highlights why working with a responsive law firm makes all the difference in ensuring long-term protection for your family. estateplanningbeyondthebinder false No 1173 4 full Dynasty Trusts: Protecting Your Heirs for Generations Dynasty Trusts: Protecting Your Heirs for Generations https://beyondthebinder.podbean.com/e/dynasty-trusts-protecting-your-heirs-for-generations/ https://beyondthebinder.podbean.com/e/dynasty-trusts-protecting-your-heirs-for-generations/#comments Wed, 06 Aug 2025 20:07:44 -0300 estateplanningbeyondthebinder.podbean.com/64a1285d-8367-35dd-84ea-029106313f88 Attorney Brian Chew explores dynasty trusts, a key estate planning tool for protecting family wealth across generations in California. The episode details how dynasty trusts, embedded within revocable living trusts, offer lifetime asset protection for children against creditors, divorce, and poor financial decisions. It highlights their flexibility, allowing children to control trust assets without owning them, and clarifies their suitability for families with significant assets, emphasizing the need for professional guidance to ensure effective implementation.

Key Timestamps

00:00 - Show Introduction and Welcome

01:30 - Understanding Dynasty Trusts

05:00 - Asset Protection Benefits of Dynasty Trusts

09:00 - Parental Control in Dynasty Trusts

13:00 - Suitability for High Net Worth Families

17:00 - Flexibility of Dynasty Trusts

21:00 - Long-Term Wealth Preservation

25:00 - Provisions for Special Circumstances

29:00 - Modifying Dynasty Trust Provisions

33:00 - Unique Approach to Dynasty Trusts

37:00 - Conclusion and Call to Action

About the Show

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> Attorney Brian Chew explores dynasty trusts, a key estate planning tool for protecting family wealth across generations in California. The episode details how dynasty trusts, embedded within revocable living trusts, offer lifetime asset protection for children against creditors, divorce, and poor financial decisions. It highlights their flexibility, allowing children to control trust assets without owning them, and clarifies their suitability for families with significant assets, emphasizing the need for professional guidance to ensure effective implementation.

Key Timestamps

00:00 - Show Introduction and Welcome

01:30 - Understanding Dynasty Trusts

05:00 - Asset Protection Benefits of Dynasty Trusts

09:00 - Parental Control in Dynasty Trusts

13:00 - Suitability for High Net Worth Families

17:00 - Flexibility of Dynasty Trusts

21:00 - Long-Term Wealth Preservation

25:00 - Provisions for Special Circumstances

29:00 - Modifying Dynasty Trust Provisions

33:00 - Unique Approach to Dynasty Trusts

37:00 - Conclusion and Call to Action

About the Show

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> Attorney Brian Chew explores dynasty trusts, a key estate planning tool for protecting family wealth across generations in California. The episode details how dynasty trusts, embedded within revocable living trusts, offer lifetime asset protection for children against creditors, divorce, and poor financial decisions. It highlights their flexibility, allowing children to control trust assets without owning them, and clarifies their suitability for families with significant assets, emphasizing the need for professional guidance to ensure effective implementation. estateplanningbeyondthebinder false No 1101 3 full What’s Next After Setting Up the Binder What’s Next After Setting Up the Binder https://beyondthebinder.podbean.com/e/what-s-next-after-setting-up-the-binder/ https://beyondthebinder.podbean.com/e/what-s-next-after-setting-up-the-binder/#comments Wed, 04 Jun 2025 10:26:07 -0300 estateplanningbeyondthebinder.podbean.com/f9d4274a-359b-3c2d-91d1-7fec1882f94a Episode Summary: 

In this episode, host Zofia Morales and estate planning expert Brian Chew discuss the crucial steps that follow after receiving your estate planning binder. Brian emphasizes that estate planning is a process, not just a product, and outlines key actions needed to ensure your plan remains effective, including trust funding and maintaining proper documentation.

 

Key Timestamps:

00:01 - Show Introduction

00:59 - Understanding the estate planning binder

01:34 - Trust funding explained

02:12 - Handling personal property (cars, jewelry, heirlooms)

03:40 - Financial accounts and trust funding process

04:35 - Common mistakes families make after creating the plan

07:39 - How to approach sensitive planning conversations

10:59 - Ongoing support from estate planning firms

13:49 - Importance of keeping plans updated

15:54 - Episode wrap-up

 

About the Show:

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> Episode Summary: 

In this episode, host Zofia Morales and estate planning expert Brian Chew discuss the crucial steps that follow after receiving your estate planning binder. Brian emphasizes that estate planning is a process, not just a product, and outlines key actions needed to ensure your plan remains effective, including trust funding and maintaining proper documentation.

 

Key Timestamps:

00:01 - Show Introduction

00:59 - Understanding the estate planning binder

01:34 - Trust funding explained

02:12 - Handling personal property (cars, jewelry, heirlooms)

03:40 - Financial accounts and trust funding process

04:35 - Common mistakes families make after creating the plan

07:39 - How to approach sensitive planning conversations

10:59 - Ongoing support from estate planning firms

13:49 - Importance of keeping plans updated

15:54 - Episode wrap-up

 

About the Show:

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> In this episode, host Sophia Morales and estate planning expert Brian Chew discuss the crucial steps that follow after receiving your estate planning binder. Brian emphasizes that estate planning is a process, not just a product, and outlines key actions needed to ensure your plan remains effective, including trust funding and maintaining proper documentation. estateplanningbeyondthebinder false No 990 2 full Estate Planning 101 — The Binder & Child Protection Planning Estate Planning 101 — The Binder & Child Protection Planning https://beyondthebinder.podbean.com/e/estate-planning-101-%e2%80%94-the-binder-child-protection-planning/ https://beyondthebinder.podbean.com/e/estate-planning-101-%e2%80%94-the-binder-child-protection-planning/#comments Thu, 29 May 2025 20:00:15 -0300 estateplanningbeyondthebinder.podbean.com/94c6357c-9e17-3849-b120-dba3c48f40b4 Episode Summary:

In this inaugural episode, host Zofia Morales and estate planning attorney Brian Chew discuss the fundamentals of estate planning beyond just having documents in a binder. They explore why comprehensive estate planning is crucial for protecting families, especially those with minor children, and how to ensure plans are actually effective when needed.

 

Key Timestamps:

00:01 - Show Introduction

00:51 - What is the estate planning binder?

02:42 - Why estate planning is more than just having a will

05:33 - Child protection planning explained

10:31 - What happens without guardian nominations

15:06 - How estate planning helps families avoid court situations

18:50 - First steps to getting started with estate planning

 

About the Show:

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> Episode Summary:

In this inaugural episode, host Zofia Morales and estate planning attorney Brian Chew discuss the fundamentals of estate planning beyond just having documents in a binder. They explore why comprehensive estate planning is crucial for protecting families, especially those with minor children, and how to ensure plans are actually effective when needed.

 

Key Timestamps:

00:01 - Show Introduction

00:51 - What is the estate planning binder?

02:42 - Why estate planning is more than just having a will

05:33 - Child protection planning explained

10:31 - What happens without guardian nominations

15:06 - How estate planning helps families avoid court situations

18:50 - First steps to getting started with estate planning

 

About the Show:

Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Featuring Brian Chew, founder of OC Wills and Trust Attorneys.

]]> Estate Planning Beyond the Binder breaks down essential information about protecting your loved ones and assets through effective estate planning. The show makes estate planning simple and doable for married couples, homeowners, business owners, and anyone thinking about their future. Hosted by Zofia Morales with expert insights from Brian Chew, founder of OC Wills and Trust Attorneys. estateplanningbeyondthebinder false No 1361 1 full