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Taking the time to plan your estate can help you make your wishes known, ensure your kids are cared for, and secure your family’s financial future without expensive legal processes.
California Probate proceedings are often complex and time-consuming, but our team is here to streamline the estate administration, reducing both time and hassle.
Trust administration involves managing and distributing assets titled to a trust after someone passes away. Our firm offers guidance to ease the burden on trustees.
An Advance Health Care Directive communicates your health preferences to family members and medical professionals. It includes end-of-life choices, particularly in terminal illness cases. Additionally, it empowers you to appoint a trusted individual to act on your behalf regarding healthcare decisions if you are incapacitated or unable to express your wishes.
Establishing a Durable Power of Attorney safeguards your interests when the state cannot. This document enables you to designate someone to manage financial and healthcare matters on your behalf in the event you become incapacitated and are unable to do so yourself.
In California, conservatorships apply to adults, while guardianships are for minors, either of whom are deemed incapacitated due to mental infirmity or youth. The assigned conservator or guardian handles personal and financial decisions for the incapacitated individual.
If there’s no pre-established Power of Attorney, the court must appoint a conservator.
While guardianship nominations are not binding, they heavily influence the court’s decision. It’s crucial to choose someone trusted for your minor children to ensure stability.
Failure to nominate a convservator or a guardian leaves the decision solely to the court.
An estate plan is important regardless of age, wealth, or family situation. It ensures that your wishes are followed, your loved ones are provided for, and your assets are distributed the way you specify
A will takes effect upon death, detailing asset distribution, while a trust manages assets during your lifetime and after death. An essential distinction between the two is that trusts must be funded and require assets to be transferred (re-titled) into them. Failure to fund a trust could render it invalid.
A power of attorney is a legal document that grants someone else the authority to act on your behalf in financial, legal, or medical matters if you become unable to do so through incapacity or illness. Having a power of attorney in place ensures that someone you trust can make decisions on your behalf instead of leaving those decisions to the state.
It’s advisable to reassess your estate plan annually or if any of the following events occur to ensure your plan remains effective:
*this list is not all inclusive. If you’re not sure whether you need to make a change to your estate plan, contact your attorney.
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