Estate Planning: Beyond the Binder

Business Succession Planning: Passing the Torch the Right Way

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.

Estate Planning During Divorce: What You Need to Know

Episode Summary
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 documents03:40 – The risks of leaving your ex in control of medical or financial decisions06:00 – What happens to joint trusts once assets are split08:20 – Updating retirement accounts, life insurance, and beneficiary designations10:45 – How prenuptial and postnuptial agreements affect estate plans13:00 – Community property vs. separate property in California15:00 – 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.

Special Needs Trusts: Protecting a Loved One Without Jeopardizing Benefits

Episode Summary
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 works04:45 – Difference between third-party and first-party special needs trusts07:30 – How trust funds can be used without affecting SSI or Medi-Cal10:15 – The biggest challenge: choosing the right trustee13:40 – How other relatives can contribute safely to a special needs trust15:20 – Why planning ahead prevents Medi-Cal payback17:10 – 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.

What Happens If You Die Without an Estate Plan in California

Episode Summary
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 assets04:45 – Why probate adds major costs and delays, even when uncontested07:20 – How owning a home makes probate especially expensive10:05 – The difference between wills and trusts in avoiding probate13:40 – Why unfunded trusts and online documents often fail families15:10 – The three questions that drive every estate plan: who do you love, who do you trust, and how much do you trust them17:00 – 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.

Blended Families, Second Marriages & Your Estate Plan

Episode Summary
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 families04:20 – Common mistakes in second marriages and how to avoid them07:45 – Protecting children’s inheritance while supporting a surviving spouse10:15 – The role of prenuptial and postnuptial agreements in dividing assets12:50 – The importance of updating your estate plan after remarriage15:00 – Why the family home often creates the most conflict17:30 – 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.

Medi-Cal Planning in California: How to Protect Your Home and Stay Eligible for Care

Episode SummaryIn 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 Medicare00:05:00 – Assets you can keep and the $2,000 financial limit explained00:07:30 – Understanding California’s 30-month look-back period00:10:00 – The role of trusts in Medi-Cal planning and estate recovery00:13:00 – When and how to start planning for long-term care costs00:15:00 – 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.

Who Do You Trust? Picking the Right People for Your Estate Plan

Episode SummaryYour 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 critical00:03:50 – Beyond trust: the importance of good judgment00:05:00 – Family politics and risks of naming the oldest child by default00:07:15 – Why co-trustees can create more conflict than resolution00:09:45 – Choosing guardians for minor children00:12:20 – How to amend or update trustee and guardian appointments00:14:30 – The dangers of picking the wrong person to serve00:15:30 – When to consider a professional trustee or corporate fiduciary
Show DescriptionChoosing 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.

Estate Planning Myths That Can Cost Your Family Thousands

Episode Summary
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 misinformation03:15 – Why the government doesn’t “take your money” but may end up holding unclaimed assets06:22 – Trusts are not just for the wealthy—why they matter for everyone10:11 – Wills vs. trusts: why relying on a will often means going through probate13:48 – Handwritten and online wills: risks, validity, and common mistakes16:05 – 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.

The Hidden Risks of Putting Your Kids on the Title

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.
Key Timestamps:
00:01 – Show introduction01:15 – Why parents put children on title to avoid probate03:20 – Risks of unexpected events and joint ownership complications06:05 – How children’s creditors and lawsuits can endanger property08:30 – The tax downside: losing the step-up in basis12:00 – California’s Proposition 19 and property tax reassessment issues15:40 – Why revocable living trusts are a safer and smarter alternative18:10 – What to do if you’ve already added children to a title21:25 – Permanent consequences of property transfers vs. revocable trusts24:00 – 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.

The Hidden Risks of Putting Your Kids on the Title

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.
Key Timestamps:
00:01 – Show introduction01:15 – Why parents put children on title to avoid probate03:20 – Risks of unexpected events and joint ownership complications06:05 – How children’s creditors and lawsuits can endanger property08:30 – The tax downside: losing the step-up in basis12:00 – California’s Proposition 19 and property tax reassessment issues15:40 – Why revocable living trusts are a safer and smarter alternative18:10 – What to do if you’ve already added children to a title21:25 – Permanent consequences of property transfers vs. revocable trusts24:00 – 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.