FAQs

A comprehensive estate plan is a legal arrangement to manage your assets, health care decisions, and, if necessary, guardianship of minor children in case of your incapacity, death, or even temporary absence from home. An estate plan gives you control over who inherits your assets, helps you avoid lengthy and expensive probate, and provides assurance that your loved ones will be taken care of according to your wishes. It usually consists of a will, a trust (sometimes more than one), a durable financial power of attorney, and an advance healthcare directive.

A will is a legal document that outlines how you want your assets distributed after your death. However, in California, a will still goes through probate. A trust, on the other hand, is a legal arrangement that holds your assets on behalf of your beneficiaries. Trusts can help them avoid probate, offer more privacy, allow for better control over asset distribution, and may even help avoid scams.

Probate is a court-supervised process that pays your debts and distributes your assets upon your death. It can be a lengthy--often taking a year or more--and expensive process, but having a trust in place can help your estate avoid it. Trusts allow assets to pass directly to your beneficiaries, bypassing the court process entirely. 

There are other methods that allow you to avoid probate, such as using a small estate affidavit or designating beneficiaries when you can. They're only available in certain situations, so you should speak to an experienced attorney to discuss your options.

For many people, a comprehensive plan with all four estate planning documents gives them peace of mind and avoids complications later. However, others won't need a full estate plan due to different circumstances or goals.

Everyone's situation is unique and benefits from individual attention to talk through what you want and how to achieve it.

Yes, estate plans are flexible and can be updated as your life changes. You can make adjustments to your will, revocable trust, or beneficiary designations at any time, as long as you are legally competent. You should also regularly review and update your estate plan to ensure it always reflects your current wishes and life circumstances.