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There are few things as intimidating as the task of completing your estate plan. The best time to plan for your incapacity or passing, though, is while you’re still healthy.
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.
Book your free estate planning with a Westlake Village estate planning attorney 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 intestacy 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 proceeding to work. If you become incapacitated, your assets will be under the control of a court-appointed conservator.
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, 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, select guardians for young children, and appoint 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 Westlake Village 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 to set aside assets for your heirs and 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 Westlake Village trust lawyers 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 Westlake village 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 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.
A will is beneficial, but most estates have to go through probate regardless of whether or not the decedent created one. Having a will does aid the probate process, but if you want to skip it entirely, the better option is to create a revocable trust.
A revocable living trust is a document where you can distribute your assets to your heirs. Trusts don’t have to go through probate, so your assets can go to your beneficiaries immediately.
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.
If you have assets you’d like to protect, you need an estate plan regardless of your age. You never know when something will happen to you, so it’s best to start planning as soon as possible.
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