Why do I need an estate plan in California? TLDR: To avoid protect assets from probate, assist your family, and prevent disputes.

In theory you can name your trust whatever you want; in practicality, your last name is usually the best course.

The cost of probate in California is based on the gross assets of the person who died.

Putting assets into the trust is a critical step to making sure your loved ones avoid probate court.

Estate planning is about planning for your family — and for making sure that you, and they, are cared for at a time of incapacity or at the time of death. Estate planning can involve a will, trust, power of attorney, healthcare directive, or other documents.

If you die without a will in California, then the state decides who gets your stuff and things. There’s an order of preference depending on who survives you, but it can take a long time to get there!

How you administer a trust depends on exactly what the trust says at the time it needs to be carried out.

Your trustee has to make decisions during your incapacity and at the time you die; make sure it’s someone you trust! (No pun intended)

If you only have a will - or do not have a will at all - your estate goes through probate court: a lengthy, costly, public court proceeding. The trust helps avoid that!

If you have signed your trust, you must be sure to put your assets into the trust before you are actually “done.”

In theory you can name your trust anything you want; however, there are practical considerations that you should discuss with your lawyer.

If you have a living trust, then it’s likely that your trust uses your social security number as your TAX ID number and you file taxes just as you always have done so.

3 reasons to avoid probate in California: cost, time, and publicity.

A brief review of California estate planning….

You don’t need to prepare anything to meet with me. I will ask you questions and we will talk through everything at the initial consultation.

How do you find an estate planning attorney? Referrals from friends and family, trusted professionals, and Yelp reviews give a good start; but whether or not to hire someone comes down to (basically) whether you like them or not.

How long does it take to set up a trust? It depends!

It’s critical that blended families create an estate plan that will ensure both spouses and all children are cared for in a way that both spouses envision.

After you have a trust, you’ll need to make sure you transfer your assets into the trust.

Probate fees are about what it costs to go to court. This is going to vary depending on why you are going to court. Here are the costs if someone dies and you’re in probate court.