What is an Estate Plan?

A Last Will and Testament (“will”) is a legal document that directs how an individual’s assets will be distributed after death. It may also be used to nominate guardians for minor children.

The person creating the will, known as the testator, typically appoints an executor to manage the estate through probate. The executor is responsible for validating the will in court and administering the estate’s assets.

A will specifies the distribution of real property, financial accounts, investments, and personal belongings. Those receiving assets are called beneficiaries, who may include family, friends, charities, or other parties designated by the testator. If no will exists, California’s intestacy laws determine distribution, which may not reflect the decedent’s wishes.

While a will can be drafted without legal assistance, consulting an attorney helps ensure compliance with state law and alignment with personal circumstances.

A will takes effect only upon the testator’s death and can be revoked or amended at any time. Life changes often require updates to reflect current priorities.

A properly prepared will can minimize disputes among heirs and ensure that minor children are cared for according to the testator’s wishes.

What Is a Living Trust?

A living trust is a legal arrangement created during your lifetime to manage and distribute your assets. The person creating the trust is the trustor (or settlor), and they transfer ownership of assets to a trustee, who manages them for the benefit of beneficiaries. In most cases, the trustor serves as the initial trustee, keeping full control during their lifetime. A successor trustee takes over if the trustor becomes incapacitated or passes away.

Why Consider a Living Trust?

A living trust can:

• Avoid probate, saving time and costs.

• Maintain privacy, as trusts are not public record.

• Provide continuity, allowing a successor trustee to manage assets if you become incapacitated.

• Control distribution, ensuring assets are handled according to your wishes.

How Does It Work?

• You create a written trust document outlining your instructions.

• You transfer assets such as real estate, bank accounts, and investments into the trust.

• You can amend or revoke the trust at any time while you are alive.

• After your death, the successor trustee distributes assets to your beneficiaries without court involvement.

What Can Go in a Trust?

Common assets include:

• Real estate

• Bank and investment accounts

• Personal property (vehicles, jewelry, collectibles)

To be effective, assets must be retitled in the name of the trust. For real estate, this requires recording a new deed.

Benefits of a Living Trust

• Avoids Probate: Assets transfer without court supervision.

• Ensures Privacy: Unlike wills, trusts are not public.

• Provides Flexibility: You can change or revoke the trust during your lifetime.

• Offers Control: You decide how and when beneficiaries receive assets.

Legal Basics in California

A valid trust must (with some exceptions):

• Be in writing if it includes real property.

• Name a trustee and beneficiaries.

• Serve a lawful purpose.

• Be funded with assets.

Next Steps

A revocable living trust gives you control now and simplifies asset transfer later. To ensure your trust meets California law and your personal goals, consider working with an experienced estate planning attorney.

What Is a Financial Power of Attorney?

A Financial Power of Attorney (POA) is a legal document that authorizes an appointed agent (or attorney-in-fact) to manage your financial affairs.

With a properly executed POA, your agent may:

• Pay bills and manage accounts

• Buy or sell property

• File tax returns and handle tax matters

• Manage investments and retirement accounts

• Apply for government benefits

• Hire professionals or caregivers on your behalf

You can grant broad authority or limit it to specific tasks.

A Durable Power of Attorney remains effective even if you become incapacitated. It can take effect immediately or only upon a determination of incapacity, often by a physician.

Reference: California Probate Code §§ 4000–4465

What Is an Advance Health Care Directive?

An Advance Health Care Directive is a written document that states your medical care preferences if you are unable to communicate or make decisions. It allows you to:

• Appoint a health care agent

• Specify treatments you do or do not want

• Express wishes regarding end-of-life care, organ donation, and religious considerations

Requirements in California

To be valid, the directive must be created while you have capacity and be either notarized or signed by two adult witnesses.

What It Does

This document provides clear guidance to loved ones during difficult times and may include instructions for final arrangements, such as burial, cremation, or donation to medical research.

Sharing Your Directive

Copies can be given to your health care agent, doctor, and family members. You may also register it with the state. Because of the important decisions involved, it is advisable to work with an estate planning attorney to ensure your directive accurately reflects your wishes.

A HIPAA Authorization Letter allows you to grant someone access to your private medical information. This can enable a trusted person such as a family member, agent, or caregiver to speak with your doctors, review medical records, or assist with healthcare matters.

Without this written authorization, healthcare providers cannot share your information, even with close family, due to federal privacy laws under HIPAA.

This authorization differs from an Advance Healthcare Directive. It permits access to your medical records but does not give authority to make medical decisions on your behalf.

To place real estate into a revocable living trust, a new deed must be prepared and recorded. This transfers ownership from your name to your name as trustee of the trust. This step is essential to ensure the property is legally part of the trust.

My office will draft the deed using your property’s legal description. You will sign it before a notary, typically at the same time as your other estate planning documents. After signing, I will record the deed with the county and complete any required forms, including the Preliminary Change of Ownership Report.

Properly transferring title ensures your property is held in the trust, helping you avoid probate and maintain control.

Naming a Guardian for Minor Children

Choosing a guardian for your minor children is one of the most important decisions you can make. Including a guardianship provision in your estate plan allows you to name the person you trust for this role.

This designation gives the court clear guidance. Without it, the court decides who will care for your children, often without knowing your wishes. While judges act in the child’s best interests, documenting your choice ensures your voice is considered.

In most cases, the court will honor your selection unless there is a serious concern, such as financial instability, a criminal record, or a history of substance abuse or violence.

Choosing a guardian for your minor children can be one of the hardest decisions parents face. It’s a sensitive topic and often the reason people delay completing their estate plan.

Don’t let this decision hold you back. Your choice is not permanent. You can update it anytime as circumstances change. What matters most is having something in place now to protect your children if the unexpected happens.

Taking this step ensures your wishes are known and gives your family guidance during a difficult time.