By Kevin Luu, Co-Founder and Chief Learning Officer. Reviewed on 2026-09-30.
The questions to ask a lawyer about inheritance fall into two groups. If you are planning for your own kids, ask who would raise them, whether your assets would go through probate, at what age the kids would control the money, and whether your beneficiary forms match your will or trust. If you are inheriting from a parent, ask whether probate is required, what the executor or trustee must do and by when, how the attorney is paid, and how inherited stock and retirement accounts are taxed.
For a two-earner household in California or Washington making $750,000 or more, with RSUs, a house and children under 12, the answers to those questions can move six figures of cost and decide whether an 18-year-old receives a seven-figure check. Below are the ten questions worth bringing to the first meeting, what a good answer sounds like, and a worked example with real California and Washington numbers.
The 10 questions, and what a good answer sounds like
| # | Question to ask the attorney | Why it matters for a CA or WA family | A good answer includes |
|---|---|---|---|
| 1 | If we both died next month, what would happen to our kids and our money, step by step? | Tests whether they will map your actual assets, not sell a document package. | A walk through each account: house, brokerage, vested RSU shares, 401(k)s, life insurance. |
| 2 | Do we need a revocable living trust, or is a will enough? | California probate fees are set by statute and based on gross value, so a house with a big mortgage still produces a big fee. | A clear recommendation with the probate cost of doing nothing, in dollars. |
| 3 | How do we name guardians, and should the person raising the kids also control the money? | A will names a guardian of the person. Money for minors needs a trustee or custodian, or a court may step in. | Separate roles considered: a guardian who parents, a trustee who manages. |
| 4 | At what age would each child get full control of what they inherit? | Accounts that land outright on a minor can end up fully in the child’s hands at 18 or 21. | Staged or discretionary distributions in a trust, with ages you choose. |
| 5 | Will you review our beneficiary designations and account titles, not just the documents? | 401(k)s, IRAs, life insurance and transfer-on-death accounts pass by form, not by will. | A written list of which forms to change and to what (often the trust, not the kids directly). |
| 6 | Do we face any estate tax, federal or state, now or as our equity grows? | The federal exclusion is high, but Washington’s starts at $3 million and counts more than people expect. | A projection for today and for the net worth you expect in ten years. |
| 7 | (After a death) Does this estate need probate, and what can transfer without it? | Trust assets and beneficiary accounts usually skip probate; assets titled only in the decedent’s name often do not. | An inventory sorted into “probate”, “trust” and “beneficiary form”. |
| 8 | (After a death) What are the executor’s or trustee’s duties and deadlines, and who does each task? | Executors can be held personally liable for mistakes like paying heirs before creditors or taxes. | A written task list with owners and dates. |
| 9 | How do you charge, when is payment due, and does it come from the estate? | Fee models differ: statutory percentage, hourly, or flat fee. | A written engagement letter with the fee basis and an estimate. |
| 10 | How will inherited stock, RSU shares and retirement accounts be taxed, and who will coordinate with our CPA? | Basis resets at death for most assets, but inherited IRAs and 401(k)s have their own withdrawal clock. | Named coordination with your tax preparer, not “ask your accountant”. |
Planning for your own kids: questions 1 to 6 in more detail
Will or trust: what probate would cost in California
In California, if assets pass under a will, the executor and the executor’s attorney are each entitled to a statutory fee set by Probate Code section 10810 (attorney) and section 10800 (executor): 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. The fee is calculated on the gross appraised value of the probate estate “without reference to encumbrances,” which means the mortgage is not subtracted. A properly funded revocable living trust keeps those assets out of probate.
Guardians and trustees are two different jobs
The person best suited to raise your children is not always the person best suited to manage $5 million for them. Many parents name a sibling as guardian and a different person, or a professional trustee, to control the money, with a written expectation that the trustee pays for the kids’ housing, school and activities. Ask the attorney how the two roles would work together, and who replaces each if the first choice cannot serve.
Ages of control
If money reaches a minor through a custodial account, California law generally ends the custodianship at 18, unless the transfer document sets a later age: up to 21 for a lifetime gift, or up to 25 for a transfer under a will or trust (Probate Code section 3920.5). In Washington, custodianships created by gift, will or trust end at 21, extendable to 25 when the custodian is first named (RCW 11.114.200). A trust has no fixed end date: you can release money in stages, for example a third at 25, 30 and 35, or leave it to the trustee’s discretion. See what happens to a UTMA when a child turns 21.
Beneficiary forms override your documents
Your 401(k), IRA, life insurance and any transfer-on-death brokerage account go to whoever is named on the account’s own form, regardless of what your will says. Naming minor children directly is a common error. Ask the attorney to tell you, in writing, what each form should say. For brokerage accounts, see naming a trust as beneficiary of your brokerage account.
Worked example: a $950,000 Bay Area household with two kids
Assumptions (hypothetical, for illustration): married couple in San Mateo County, household income $950,000 from two W-2 jobs, children ages 4 and 7. Assets: a home worth $2.4 million with a $1.1 million mortgage, held as community property; a brokerage account of $1.3 million, mostly vested RSU shares; 401(k)s worth $800,000; $4 million of term life insurance. They have simple wills and no trust. Both parents die in the same accident.
| Item | Will only | Funded revocable trust |
|---|---|---|
| Assets in probate (gross, mortgage ignored) | $3,700,000 (house $2.4M + brokerage $1.3M) | $0 if every asset was retitled into the trust |
| Statutory attorney fee (Prob. Code 10810) | $50,000 if handled as one $3.7M estate; $63,000 if each spouse’s half is probated as a separate estate | None (trust administration billed hourly or flat) |
| Statutory executor fee (Prob. Code 10800) | Same as the attorney fee: $50,000 to $63,000 (may be waived by a family executor) | None; trustee fee negotiable or waived |
| Who gets the $4.8M of life insurance and 401(k) money | If the kids are named directly: a court-supervised arrangement until 18, then the child controls it | The trust, paid out on the terms and ages the parents chose |
| Federal estate tax (2026 exclusion $15M per person) | None on a $7.4M net estate | None |
How the $50,000 is calculated: 4% of $100,000 ($4,000) + 3% of $100,000 ($3,000) + 2% of $800,000 ($16,000) + 1% of the remaining $2,700,000 ($27,000) = $50,000. The fee is figured per probate estate. When both spouses die, each spouse’s half of the community property may be probated as a separate $1,850,000 estate, and because the schedule restarts at 4% for each estate, each fee is $31,500 (4,000 + 3,000 + 16,000 + 1% of $850,000), or $63,000 in total. The same schedule applies to the executor, so the statutory total is roughly $100,000 to $126,000, before court costs and any extraordinary fees. California has no estate or inheritance tax for deaths since 2005 (State Controller), and the federal basic exclusion is $15,000,000 per person for 2026 (IRS), so this family’s real exposure is probate cost and an 18-year-old with $2.4 million, not tax.
Washington families: estate tax starts at $3 million
Move the same family to Bellevue and the picture changes. Washington has its own estate tax with an exclusion of $3,076,000 for deaths from January 1 to June 30, 2026, and $3,000,000 for deaths from July 1 to December 31, 2026 (WA DOR estate tax tables). For deaths on or after July 1, 2026, rates run from 10% to 20% on the Washington taxable estate. DOR also notes that the filing threshold is based on the gross estate, and that Washington does not allow a surviving spouse to use the deceased spouse’s unused exclusion (DOR estate tax FAQ).
So a Washington couple with $7.4 million, including life insurance they own on themselves, should ask the attorney three specific questions: How do we use both spouses’ exclusions, given no portability? Should our life insurance be owned by an irrevocable trust so it stays out of the taxable estate? What does our estate look like when our unvested RSUs vest over the next four years? Also note that Washington’s 9.9% income tax on AGI over $1,000,000 begins in 2028 (WA DOR), which affects how quickly the estate grows after tax.
Inheriting from a parent: questions 7 to 10
Probate, and who does what
Ask for an inventory that sorts every asset into three buckets: passes by trust, passes by beneficiary form, or must go through probate. In Washington, a solvent estate’s personal representative can usually obtain nonintervention powers and settle the estate with limited court involvement (RCW 11.68.011). California probate is more court-driven. If you are the executor, ask for a written list of tasks, deadlines and who handles each one, since mistakes like distributing to heirs before paying debts can leave you personally liable. If you are weighing who should serve in that role in your own plan, see whether a financial advisor can be your executor.
Inherited stock and RSU shares
Inherited property generally takes a basis equal to its fair market value on the date of death (IRS Publication 551). If your father held company shares bought at $40 that were worth $400 when he died, your basis is typically $400, and selling soon after produces little or no gain. For married couples in community property states like California and Washington, Pub 551 adds that when one spouse dies, the whole community property value, including the survivor’s half, generally becomes the new basis. On a home bought for $1.5 million and worth $2.4 million, that can erase $900,000 of gain. Without the step-up, the part of that gain above the home-sale exclusion ($250,000, or $500,000 on a joint return, if the ownership and use tests are met; IRS Topic 701) could face federal rates up to 20% plus the 3.8% net investment income tax for 2026, plus California tax at ordinary rates. Ask the attorney whether your titles actually document community property.
Inherited IRAs and 401(k)s
These do not get a basis reset, and most non-spouse beneficiaries must empty an account inherited from someone who died after 2019 within ten years. A surviving spouse, a minor child of the owner, and a few others have different rules (IRS RMD FAQs). For a beneficiary already in the 37% federal bracket, which starts at $768,700 of taxable income for married couples in 2026 (Rev. Proc. 2025-32), the timing of those withdrawals across ten years is worth planning with your CPA. See why inherited Roth IRAs have required distributions.
What attorneys charge, and whether you pay up front
For planning work, most estate attorneys quote a flat fee for a trust-based plan (trust, pour-over wills, powers of attorney, health care directives), with the price rising for more complex estates. Ask what is included, whether funding the trust (retitling the house and accounts) is part of the fee, and what updates cost later.
For a California probate, the attorney’s statutory fee is paid from the estate, not by the heirs personally, and is allowed by the court. An attorney can petition for a partial allowance no earlier than four months after the executor is appointed (Probate Code section 10830), so you generally should not be asked to pay ordinary probate fees out of pocket up front. Trust administration and Washington probate are usually billed hourly or by flat fee. Get the fee basis in a signed engagement letter either way.
Common mistakes we see in plans for young families
- Signing a trust and never retitling the house or brokerage account into it, which leaves those assets in probate anyway.
- Naming minor children directly on life insurance or a 401(k).
- Choosing one person to be both guardian and trustee without asking whether they want, or are suited to, both jobs.
- Assuming no estate tax applies in Washington because the federal exclusion is $15 million.
- Never revisiting the plan after a new child, a move between states, or a large RSU vest.
What to write down for your kids
A trust tells a trustee when to release money. It does not tell your children why you built it, what you would pay for and what you would not, or how you made the big calls. As Kevin Luu puts it: “Your kids will inherit your money. Will they inherit your judgment?” A one-page letter kept with your trust, covering how you think about work, spending and giving, gives the trustee and your kids something to reason from. Inside our Age Five Family Office™, families record these decisions in the FamilyKnowledge® Library so the reasoning is kept alongside the documents.
FAQ
Do I need an estate attorney if we already have wills?
Possibly. In California, a will alone means a house and brokerage account typically go through probate, with statutory fees based on gross value. If your net worth includes a home and meaningful RSU holdings, ask an attorney to price probate on your actual assets and compare it with the flat fee for a trust-based plan before deciding.
Can an estate attorney help resolve an inheritance dispute in the family?
Yes, but that is often a different specialty. Planning attorneys draft documents; trust and estate litigators handle contests and disputes between siblings or with a trustee. Ask directly whether the attorney handles litigation, whether they recommend mediation first, and whether they would refer you to someone else if the dispute escalates.
What documents should I bring to the first meeting?
Bring existing wills or trusts, a list of accounts with approximate values, recent statements for 401(k)s, IRAs and brokerage accounts, your equity award summary showing vested and unvested RSUs, life insurance policies, the deed to your home, and the names of people you are considering as guardians and trustees.
Your next step
Before you call an attorney, list every account you own and who is named as beneficiary on each. That one page answers half the questions above and makes the first meeting shorter and cheaper. If you want help seeing how your estate plan fits with your equity, taxes and kids, see our estate planning service or take the Tax & Wealth Assessment. This is general education, not legal advice, and the right plan depends on your family’s full picture and your attorney’s review.
Kevin has advised high-income W-2 tech and biotech families since 2015, and leads the education-first Age Five Family Office from Brea, California.
Connect on LinkedIn → · About KevinThis is part of how we approach Estate Planning for high-income W-2 families at Bright Advisers.
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