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*All packages include individual Health Care Directives and Financial Powers of Attorney.
Trust package includes backup Will(s)
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Adoption Law Library

INFORMATION ON ESTATE PLANNING: Please note - all information provided through this site has been taken from self-help Nolo Press publications and/or Self-help Informational booklets provided by the Court. This information is general, published, factual information and should not be cited on or relied on as legal authority nor should it be considered legal advice.

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What is Estate Planning?

Estate planning is the process of considering all alternatives regarding:

  • how your assets will be managed for your benefit if you are unable to do so
  • when certain assets will be transferred to others, either during your lifetime, at your death, or sometime after your death, and
  • to whom those assets will pass

and then legally establishing  arrangements that will meet your objectives if something happens to you or those you care about.  Estate planning typically minimizes potential estate taxes and fees, establishes contingency plans regarding your healthcare treatment and management of finances if you become incapacitated, itemizes how you want your property distributed when you die as well as provide for the care of your minor or disabled children. You should have an estate plan if:

1. you are the parent of a minor or disabled child.
2. you have property that you care about.
3. you care about your health care treatment.

Planning Your Estate

A comprehensive estate plan is important to accomplish you estate planning goals. In starting to consider you estate plan, you should ask yourself the following questions:

  • What are my assets and what is their approximate value?
  • Whom do I want to receive those assets and when?
  • Who should manage those assets if I cannot, either during my lifetime or after my death?
  • Who should have responsibility for the care of my minor children if I become incapacitated or die?
  • If I cannot take care of myself, who should make decisions on my behalf concerning my care and welfare?

Basic estate planning goals may be accomplished with an estate plan consisting of a Will, Durable Power of Attorney for Property Management, and Advance Health Care Directive If your needs require more, your estate plan may also include a Revocable Living Trust. To download a booklet published by the California State Bar on Estate Planning, click here.

The following is a brief explanation of the most common estate planning documents.

Will - A Will is a legal document which is effective only at your death. This document will name your Executor, the person who will handle your assets after your death. It also permits you to name beneficiaries, set up support trusts for minor children or other dependents, and designate when and how your gifts will be given. If you have minor children, you can also name a guardian for these children,. If your assets are in excess of $100,000, your estate will probably require a probate proceeding. To download a booklet published by the California State Bar on Wills, click here.

Living Revocable Trust - A trust is a written agreement between the individual creating the trust (trustor) and the person or institution named to manage the assets held in the trust (trustee). The terms of the trust become irrevocable upon the trustor’s death. This document contains provisions which provide for the distribution of your assets on and after your death and acts as a substitute for your will. The Trust enables your estate to bypass probate, a court proceeding, thereby saving time and money in distributing your estate. This document will name you as Trustee, any successor trustee, your beneficiaries and all other concerns you may have regarding the distribution of your estate. To download a booklet published by the California State Bar on Living Trusts, click here.

Pour over or Backup Will - In the event you fail to include certain property in your trust before your death, this document will bring that property, up to $100,000, into you t rust and that property will be distributed according to the provisions in your trust. If that property exceeds $100,000, those items and those assets alone will require a probate proceeding.

Durable Power of Attorney for Finances - This document will designate an agent (called your attorney-in-fact) who will be allowed to handle all of you financial affairs and/or business affairs. If at some point you become incapacitated and can no longer take care of yourself, this person will have the power to make financial decisions on you behalf. The power of attorney takes the place of a costly, court-supervised conservatorship. The Durable Power of Attorney is only valid until the time of death.

Advance Health Care Directive - This document also designates an agent who will be allowed to make health care decisions for you if you become incapacitated at some point. This document also provides directions for ongoing medical treatment in the event of terminal illness, including whether you desire life support when terminally ill.

Beware of Financial and Estate Planning Services

There are many who call themselves “trust specialists,” or “certified planners” or other titles which are intended to suggest that the person has received advanced training in estate planning. California is experiencing an explosion of promotions by unqualified individuals and entities which have only one real goal - to gain access to your finances in order to sell insurance-based products such as annuities and other commission-based product. Here are some helpful hints and suggestions:

  • Before considering a living trust or any other estate or financial planning document or service, consult with a lawyer or other financial advisor who is knowledgeable in estate planning, and who is not trying to sell a product which may be unnecessary.
  • Always ask for time to consider and reflect on your decision. Do not allow yourself to be pressured into purchasing any estate or financial planning product.
  • Be wary of home solicitors who insist on receiving confidential and detailed information about your assets and finances.
  • Report high-pressure tactics, misrepresentations or fraud to the police immediately.
  • Know your cancellation rights. California law requires that sellers who come to your home to sell goods and services (not including insurance and annuities) that cost more than $25 must give you two copies of a notice of cancellation form to cancel your agreement. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of the transaction.

Creating Your Estate Planning Documents Using our Self-Help Services:

Before you actually start to prepare your estate planning documents, you need to know how they work and how each document fits in with your over-all estate plan. Keep in mind that creating your estate planning documents have long-term consequences for your family. There is no “standard” living trust and therefore, it is not required that trusts must be written in “legalese” (language that is peculiar to the legal profession). Although no legalese is mandated, it is prudent to utilize forms that are sufficiently traditional and, if necessary, comply with current statutes. You can easily create your estate planning documentation, in most cases, with the assistance of a registered Legal Document Assistant, that utilizes the latest and most updated self-help software; but doing so requires you to educate yourself about your options so that you can make well-informed decisions.

Our office offers a comprehensive self-help library which is available to all clients during their document preparation. After your documents have been prepared, you can elect to execute them in our office or make other arrangements to execute them elsewhere. For individuals purchasing one of our Trust packages, your original documents will be provide in a professional estate planning binder for safekeeping.

 

 

 

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