Thanks to Legal Action Workshop and Attorney Drucker’s attentiveness, I avoided Probate for my mother’s property…saving me a lot of money and time!
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Estate planning is an important consideration for any adult. It basically involves the preparation of a Will, Trust and Powers of Attorney. These documents may be necessary depending on your specific situation.
A Will may be needed if an individual has minor children and wants to designate a guardian for them should the parent(s) pass away. A Will can also be used to nominate an executor (the person may or may not be a beneficiary) to handle the wishes of the Will. In addition, the Will can specify beneficiaries and how assets are to be divided. In California, a Will does not avoid Probate.
A Trust is usually needed for people who own real estate such as a house or a condo. A Trust can be prepared for a single person, or, if married for a family (a family Trust). The person(s) making the Trust would designate a successor Trustee(s) who would execute the Trust upon death. In addition, the Trust details the beneficiaries and how the assets are to be distributed. Most importantly, a Trust avoids Probate for beneficiaries. A consultation with the probate lawyer would make clear the choices needed for the Trust. Once completed, the Trust would be notarized and the real estate in the Trust would be recorded in the appropriate county recorder’s office.
Another important part of estate planning is providing for accidents or illnesses that may impede the ability of the person(s) to make cogent decisions on their own behalf. This could happen when the person is not of sound mind for a short or long period of time. Our attorneys prepare both the Financial Power of Attorney as well as the Healthcare Directive. Both documents will authorize a family member or close friend to make decisions for the ‘incapacitated’ person. These ‘powers of attorney’ need to be notarized and kept in a safe place.
Legal Action Workshop’s estate planning attorneys help with these important documents. They also answer any inheritance questions you may have. Please call 1-800-HELP-444 to arrange a time for a confidential consultation. We’re here to help!
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