Many people establishing an estate plan use one particular testamentary instrument. They may choose to draft a will or to establish a trust. Factors including the age of beneficiaries and the value of personal assets can influence which testamentary instrument a...
Estate Planning
Choosing between a medical and financial power of attorney
The power of attorney is an essential part of estate planning. This document allows you to legally designate someone to act on your behalf and make decisions with your best interests in mind. Medical vs. financial powers of attorney Two types of powers of attorney...
How do you know if your estate plan is complete?
Ensuring that your estate plan is complete involves a few key steps and considerations. Here are some important aspects to review to determine if your estate plan aligns with your personal goals and is thorough: Basic tools and documents Ensure that you have all the...
How a trust can benefit three types of beneficiaries
The addition of a trust to an estate plan often occurs because a trustor recognizes that they have specific needs that cannot be met by drafting a will alone. Concerns about future collection activity, worries about qualifying for Medicaid and a desire to control...
3 misconceptions about dying without a will
When estate planning, many hesitate to draft a will, relying on common beliefs about asset distribution after death. Understanding what actually happens to your assets if you pass away without a will can help you make informed decisions when estate planning. 1. The...
Four components of a comprehensive estate plan
Most people believe that having a will is enough to ensure that all their assets will go to their desired beneficiaries after they pass away. While a will is a good starting point for expressing your wishes when you die, some assets are best secured through separate...
How does a trust bypass the probate process in California?
A trust bypasses the California probate process primarily because the ownership of the assets moves to the trust, not to an individual. When you create a trust, you transfer your assets into it and effectively change their ownership from your personal name to the...
How poor drafting of a will can lead to its invalidity
When creating a will, precision and adherence to legal standards are crucial to its effectiveness. When a will is poorly drafted, it can lead to several issues that might trigger challenges and potentially invalidate the will. Here are several ways poor drafting can...
What inheritance rights do stepchildren have in California?
When a person dies without a will, intestate succession laws can come into play, allowing the court to appropriately intervene and distribute the deceased's estate. These laws have provisions indicating specific designations concerning legal heirs and beneficiaries,...
Why should you structure your estate assets to avoid probate?
When you think about the future and the legacy you will leave behind, it is essential to understand the processes that will unfold after you pass away. One of these is probate, a term that might sound distant and technical until it becomes a part of your family's...