Experienced Estate Planning Lawyers in California Helping Clients Achieve Their Goals
No one knows what the future holds. That is why it is so important to have an estate plan in place. An estate plan can help ensure that your wishes are carried out, no matter what happens. It can also help protect your loved ones from uncertainty and confusion in the event of your death. If you don’t have an estate plan, your loved ones may be left to make difficult decisions during a time when they are already struggling with their loss. An estate plan can help ensure that your loved ones are taken care of after you’re gone.
If you are unsure about whether or not you need an estate plan, talk to a California Living Trusts attorney from DeCarli Law. We can help you figure out what type of plan is right for you and your family. Estate planning is not something to put off until tomorrow. It is something that should be done as soon as possible, while you still have the chance to make your voice heard. Call us today to get the compassionate care and service you deserve.
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What Does Estate Planning Consist Of?
Estate planning is the process of organizing your financial affairs and making provisions for their management in the event of your death or incapacity. It involves identifying and protecting your assets, making arrangements for their disposition, and minimizing taxes and other expenses.
There are many different aspects to estate planning, and the strategies used will vary depending on your individual circumstances. However, there are some basic components that are common to most estate plans. A living trust is the cornerstone of most California estate plans. A living trust is a legal arrangement in which one person—called the trustee—holds and controls property for the benefit of the beneficiary. Trusts can be used to manage assets during your lifetime, distribute assets after your death, and minimize taxes and other expenses.
A Will is the other piece of your plan. It is a legal document that specifies how you would like your assets to be distributed after your death, including letting the probate court know that you have a living trust. A will can also appoint a guardian for minor children and provide for their financial needs. There are other elements of
estate planning we can help you with, as well.
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What Goes Into an Ideal Estate Plan?
An estate plan is a comprehensive strategy for managing your assets and protecting your loved ones in the event of your death or incapacity. While every estate plan is unique, there are certain key components that should be included in order to ensure that it is effective.
At its most basic, an estate plan is a PLAN. It is a plan for who is is charge of finances 1) while you are alive, 2) if you are incapacitated, and 3) after you die. It is also a plan that lays out 1) who gets what, 2) when they get it, and 3) how they get it.
Just as importantly, your estate plan expresses your wishes and should clearly state your intentions to your heirs and beneficiaries.
Finally, a good estate plan should include a solid tax plan, avoid probate and simplify things for your heirs.
Creating an estate plan can be a complex process, but it is essential for ensuring that your assets are protected and your loved ones are taken care of in the event of your death or incapacity. Working with an experienced estate planning attorney from our law firm can guarantee your estate is protected in the future.
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Frequently Ask Questions
Is Creating an Estate Plan Easy?
Creating an estate plan is one of the most important things you can do for your loved ones–and it’s not as difficult as you might think. The good news is that there are professionals who can help make the process easier, like our experienced lawyers. The first step is to gather all of your important documents together, including your birth certificate, Social Security card, marriage and divorce certificates, tax returns, and life insurance policies. Next, you’ll need to decide who you want to inherit your property and assets. You may also want to name a guardian for your children in case something happens to both parents. Working with our team of professionals can help ensure that your estate plan is tailored specifically to your needs and that all the necessary steps are taken to avoid any potential problems down the road.
Do I Need to Make a Will?
A will is not required in every state, but it is always a good idea to have one. A will allows you to decide what happens to your property and assets after you die. If you die without a will, your state’s laws of intestate succession will determine who inherits your property. This could result in your property going to someone you would not have chosen, like a distant relative or the state itself. In addition, a will can help avoid any potential conflict among your loved ones after you’re gone. Our law firm can guide you through the steps of making a will that will secure your estate’s future.
What is Probate?
Probate is the legal process of administering a deceased person’s estate. This includes identifying and inventorying the deceased person’s assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
Probate is necessary in order to transfer ownership of a deceased person’s assets to their beneficiaries. Without probate, it would be difficult to determine who should inherit a deceased person’s assets. The probate process begins with the filing of a petition with the court by the Executor (also known as the Personal Representative). The Executor is responsible for administering the estate and ensuring that the deceased person’s debts are paid and that the remaining assets are distributed to beneficiaries. Once the petition is filed, the court will issue a notice to all interested parties, such as creditors and beneficiaries. Planning for probate by creating a valid last will and testament or a trust can simplify matters for your family.
What Is a Special Needs Trust?
A special needs trust is a legal document that allows you to leave property and assets to a loved one with a disability while still providing for that person’s unique care needs. The trust can be used to pay for things like medical expenses, housing, and transportation. It’s important to note that a special needs trust should not be used to provide for the beneficiary’s basic needs like food and clothing–those should be covered by government programs like Medicaid and SSI. Our law firm can help you create a special needs trust that meets the specific needs of your loved one.
How Complex Is Estate Planning for Blended Families?
Estate planning for blended families can be complex, but it’s important to have a plan in place that takes your unique family circumstances into account. If you have children from a previous marriage, you’ll need to decide how you want your property and assets to be divided between them and your current spouse. You may also want to consider creating trusts for each child. Our law firm can help you navigate the complexities of estate planning for blended families and create a plan that meets everyone’s needs and gives you the peace of mind you deserve.
How Often Should I Modify My Estate Plan?
There is no definitive answer to this question. Some people might only need to make minor tweaks to their estate plan once they reach a certain age or experience a major life change. Others may find that they need to update their plan more frequently, depending on changes in their personal or financial situation. Ultimately, it’s up to each individual to decide how often they need to review and revise their estate plan. One thing to keep in mind is that estate planning is not a one-time task–it’s something that should be revisited on a regular basis. This is because your plans and priorities may change over time, and you want to make sure that your will, power of attorney, and other documents reflect your current wishes.
When Should I Consider Creating an Estate Plan?
No one knows when their time will come, so it’s important to have an estate plan in place regardless of your age or health. If you die without a will, your loved ones will have to go through the probate process to determine who inherits your property and assets. This can be a long and costly process, and it’s often difficult for loved ones to make decisions during a time of grief. An estate plan can also help avoid any potential conflict among family members after you’re gone. Working with an experienced law firm can ensure that your estate plan is tailored specifically to your needs and takes into account all the complexities of your situation. If you have children, own a business, or have other complex assets, it’s especially important to have an estate plan in place.
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Do I Need an Estate Planning Lawyer to Make an Estate Plan?
Working with an experienced attorney can give you peace of mind that your documents are properly prepared and executed, and that your plan will work the way you intend. An estate planning lawyer can also help you navigate the complex laws surrounding estates and probate, and can provide guidance on how to best protect your assets. If you have a complex financial situation or own property in multiple states, you may need the assistance of an attorney to ensure that your estate plan is effective.
Creating a comprehensive estate plan is one of the most important things you can do for yourself and your loved ones. An experienced estate planning lawyer can help you create a plan that meets your needs and puts your family in the best position to succeed in the future. Our law firm is ready to guide you through the entire process and ensure you understand every aspect of your estate plan.
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Contact DeCarli Law Today for estate planning professionals who create living trusts that work for you
At DeCarli Law, we understand that thinking about your mortality can be difficult, but we also know that it is an important part of protecting your loved ones. We LISTEN. We listen to your wishes, your goals. We then translate that into a plan that meets your unique needs and gives you peace of mind. There are many different aspects to estate planning, and we can help you with all of them. Put your trust in us to feel good about the future.
We have two offices ready to help you get started on your California estate plan. Our Pleasanton office is located downtown, 1 block off of Main Street and with plenty of convenient parking.
We also have an office in Mendocino, with beautiful ocean views.
We also offer remote estate planning anywhere in California! Contact us today calling (925) 568-2350 OR (707) 937-2701 to get started.