Is it necessary to hire an attorney to create an estate plan?

Because estate planning can significantly affect your family's future, it's strongly advised to consult an experienced estate planning attorney. State and federal laws are specific about what is permissible in wills, trusts, and related documents. Hiring a lawyer helps ensure your plan is both legal and complete.

How does the probate process work?

Probate is the court-supervised procedure for managing a deceased person's estate, including settling debts and distributing assets according to their will. If no will exists, the state’s inheritance laws decide how assets are divided.

What is a power of attorney, and in what situations is it useful?

A power of attorney is a legal authorization that lets someone make decisions for another person. It can cover medical care, financial matters, signing documents, managing property, and overseeing business or debt collection on your behalf, depending on the terms outlined in the document.

Am I required to pay estate taxes?

California does not impose its own estate tax, but residents may still face federal estate taxes. The federal exemption currently stands at $13.9 million per individual and $27.8 million per couple. If your estate approaches these thresholds, consider consulting a professional for tax-saving strategies.

When should I review and update my will?

You should revisit your will every three to five years or after major life events like marriage, divorce, or having children. An estate planning attorney can help ensure your will remains current. If changes are needed, a codicil can be added to update specific sections.

How can I avoid having my estate go through probate?

Placing assets in a trust allows for direct transfer to beneficiaries without court involvement. Other options include joint ownership or naming beneficiaries via ‘payable on death’ (P.O.D.) accounts. These methods simplify the transfer process and avoid probate.

What does an executor do in handling a will?

An executor is responsible for administering your estate after you pass. This includes paying outstanding debts and distributing property to heirs. You can name an executor in your will, or the court can appoint one.

How is an estate defined?

An estate legally includes all your owned assets, regardless of size. Whether you own a lot or a little, your property collectively forms your estate.

What is an advance healthcare directive and what does it do?

An advance healthcare directive in California allows someone to oversee your medical treatment if you’re unable to. They can speak with doctors and approve procedures, but you can limit their authority—such as prohibiting decisions about life support.

Who inherits my assets if I die without a will or a trust?

If you pass away without a will, your estate goes through intestate succession. This means assets are distributed to your closest relatives in a specific order, starting with your spouse, then children, followed by parents, siblings, and extended family if necessary.