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With a little time, effort, and guidance from a trusted estate planning professional, you can develop a plan to protect your family and get peace-of-mind. Failing to complete a proper estate plan can place the security of your family and assets in jeopardy. Contact our Ventura estate planning attorney to book a planning session today.
Your estate is comprised of everything you own: your home (including all the stuff inside your home), bank accounts, 401k, business holdings, investment accounts, etc. In addition to what you own, your estate must also consider your minor children and pets.
It’s important to be thoughtful and strategic about how, when, and to whom your estate is divided and distributed. Inaction can lead to the government taking over control of the distribution of your assets after you pass. This is known as dying intestate and generally involves probate court. This intestacy process leaves your loved ones with few options and places your legacy in the hands of the government.
A well-prepared estate plan can ensure the safety and security of your family long after you have passed. A financial planner can help you make important financial decisions about your estate while you’re still in good health and help ensure your trust is funded and safeguarded for the next generation.
If your trust is unfunded (meaning you haven’t put any money or assets in it), your loved ones could face a public, costly, and time-consuming probate process upon your death. Don’t worry; funding the trust sounds complicated, but working with a professional like us makes it fairly easy.
Many presume that a will is more than enough to convey their wishes for their estate after they pass. Unfortunately, with only a will, the plans for your assets are only effective upon your death and require probate court proceedings to work. If you become incapacitated, your assets will be under the control of a court-appointed conservatorship.
Even when your distribution plans for your assets are honored, it is easy for loved ones to see an inheritance as a windfall. Too often, a person’s legacy is frittered away by poor decisions made by grieving family members.
That’s why most inheritances are gone within a mere five years of receipt. A failure to consider the long-term implications of their financial choices often results in one’s inheritance disappearing practically overnight.
With the help of an estate planning lawyer, you can ensure your beneficiaries are taken care of and that the assets are distributed in a way that will be the most beneficial to all involved.
At Hermance Law in Ventura, we offer strategic legal advice and estate planning services tailored to your family and financial dynamic.
Here are four ways we can use estate planning tools to help you.
A last will and testament is a signed and witnessed written document whose terms go into effect when you die. With it, you can designate beneficiaries, make guardianship designations for young children, and pick an Executor of your estate.
Drafting a will is a quick and painless way of allowing your wishes to be known, and therefore a great starting point for beginners. Speak with a Ventura will lawyer to ensure your will is drafted legally, ethically, and properly according to your wishes.
Creating a living trust is one of the best ways to avoid probate. Trusts come in various forms, but their overall purpose is asset protection for your heirs and to prevent those assets from being forced through the costly and time-consuming probate process.
Trusts work by transferring ownership of the assets from your name to a trustee, who manages the assets on behalf of your beneficiaries. Our Ventura trust lawyer can help set up a trust document that meets your needs and assist in trust administration when the time comes.
When it comes to estate planning, planning for the vulnerable is a must. An estate plan can be used to address concerns regarding the care of young children, special needs family members, and incapacitated adults.
Speak to one of our Ventura guardianship attorneys about establishing guardianship and how you can ensure your loved ones have a bright future.
Without proper estate planning, you leave your estate at the mercy of your local probate court. Even with a will, you risk the details of your estate becoming public knowledge and your loved ones fighting in probate court over their rights to property, accounts, and other assets.
Should your family find themselves heading to court for probate matters, our experienced Ventura probate lawyers can help them navigate the probate process, ensuring things go as smoothly as possible.
No two families are the same, so no two estate plans will be.
To discuss your custom California estate plan strategy, contact us. Let’s chat. We assure you that you will be able to communicate openly with us in a no-cost consultation, whether in English or Spanish.
Click below to schedule an appointment, or complete the form here. A member of our estate planning team will contact you!
We are probate lawyers, but we are also parents. We have great resources on estate planning for parents, focusing on what parents can do to protect their children in emergencies.
We are active in the community! We offer online webinars, special get togethers and more.
Get to know the basics and watch our quick videos with tips, questions and answers.
Providing you with extra information on how to stay relevant with your Estate.
We understand that this can be overwhelming. Family estate planning forces uncomfortable conversations about preparing for unfavorable eventualities. Rest assured that we are as empathetic as we are knowledgeable.
Find us in Ventura, Westlake Village, Valencia, Pasadena, Calabasas, Santa Clarita, and Irvine, or connect with us virtually.
Every estate plan should address four main goals:
To achieve all four, a comprehensive estate plan is critical.
Among the many mistakes made in estate planning, the most common tend to be:
The good news is that all of these issues can be avoided when you enlist the help of an estate planning attorney.
Both revocable trusts and irrevocable trusts are estate planning documents that provide asset protection.
The main difference between the two is that with a revocable trust, you can change the terms of the trust document—add and remove beneficiaries, trust assets, or even terminate the trust completely—while with an irrevocable trust, you cannot. Our trust attorneys can help you choose the right trust for your needs.
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