COMMONLY ASKED QUESTIONS ABOUT ESTATE PLANNING

Q: What is estate planning?

A: Estate planning is the process of arranging for the management and disposal of a person's assets and property during their lifetime and after death. This typically includes drafting legal documents such as wills, trusts, and powers of attorney.

Q: Why is estate planning important?

A: Estate planning helps ensure that a person's assets and property are distributed according to their wishes and that their loved ones are taken care of after their death. It can also help minimize taxes and expenses associated with the transfer of assets and property. It also plans for living. Your plan will help keep things running even if you can’t.

Q: What types of legal documents are commonly used in estate planning?

A: Common legal documents used in estate planning include a will, revocable living trust, powers of attorney, and advance health care directive. If you have kids - we include standalone guardianship nominations.

Q: What is a will?

A: A will is a legal document that specifies how a person's assets and property will be distributed after their death. It also appoints an executor to manage the distribution of assets and property. This is filed with the probate court and is a public process.

Q: What is a trust?

A: A trust is a legal arrangement in which a trustee holds and manages assets and property for the benefit of one or more beneficiaries. Trusts can be set up for a variety of purposes, including managing assets for children or other beneficiaries who are unable to manage their own affairs. When you die - your trustees can manage your trust privately, without court intervention.

Q: What is a power of attorney?

A: A power of attorney is a legal document that gives another person the authority to make decisions on your behalf. This can include financial decisions, medical decisions, or other types of decisions.

Q: What is an advanced health care directive?

A: An advance health care directive is a legal document that specifies what medical treatments a person would like to receive or not receive in the event that they become incapacitated.

Q: Do LGBTQIA+ couples in California need estate planning if we’re legally married?

A: Absolutely. Even though California recognizes your marriage, estate planning protects against disputes, ensures your chosen family is included, avoids costly probate, and protects family harmony.

Q: What happens if I die without an estate plan in California?

A: The State of California will decide who inherits - usually biological relatives - which may leave people that you want to receive things out or give things to people you never wanted. It also does not protect your minor kids from inheriting too early (they’ll get everything at 18).

Q: How can I get started with estate planning?

A: The best way to get started with estate planning is to consult with an estate planning attorney. Our law firm specializes in estate planning and can help you understand the process and develop a plan that meets your needs and goals.