Our Most Frequently Asked Estate Planning Questions
If you are thinking about creating or updating an estate plan, these answers can help you better understand what documents you may need, when to update your plan, and why working with an experienced estate planning attorney matters.
What Documents Are Needed for an Estate Plan?
A comprehensive estate plan typically includes a revocable living trust, a pour-over will, a durable power of attorney for finances, an advance health care directive, and a HIPAA authorization. Together, these documents help protect you during your lifetime and after your death.
Do I Need a Lawyer for Estate Planning?
California does not legally require you to hire an attorney, but working with a qualified estate planning lawyer is strongly recommended. Improperly drafted documents can lead to costly court proceedings, family disputes, and unintended outcomes.
Can I Do Estate Planning Online or With a DIY Kit?
Online tools and DIY kits may create documents that appear valid, but they often contain errors, omissions, or provisions that may not comply with California law. An experienced estate planning attorney can help make sure your plan works when your family needs it most.
How Often Should I Update My Estate Plan?
You should review your estate plan at least every three years and after major life changes such as marriage, divorce, the birth of a child, the death of a beneficiary, or a significant change in your assets.
How Can I Prevent Family Conflicts Over My Estate?
Free Resources to Help You Plan with Confidence
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Understanding and Avoiding EscheatmentCalifornia’s escheatment laws allow the state to take your assets if you do not create a comprehensive estate plan. Learn more from our CA attorneys.
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“What Are My Rights as a Beneficiary?”Learn the 5 key rights of beneficiaries in estate planning, including access to estate info, accountings, distributions, impartial treatment, and legal counsel.
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NFA Gun Trusts in CaliforniaA gun trust can be a low-risk way to pass on NFA firearms to family members and other potential heirs. Learn more here.
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Why Joint Tenancy May Not Be the Best Strategy for YouJoint tenancy might seem like an easy way to avoid probate, but it could put your assets at the mercy of negligent relatives or impartial creditors.
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Estate Planning for Non-U.S. Citizens Who Live in CaliforniaPeople who aren’t United States citizens may have to consider estate planning law both in California and their home country. Learn more here.
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Blind Trusts in CaliforniaBlind trusts can be incredibly useful tools for people who desire privacy or who need to reconcile possible conflicts of interest. Learn more here.
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Having a Conversation About Long-Term Care With Your Aging ParentsTalking to your parents about long-term care can be difficult, but there are some ways to help make the conversation easier. Learn more here.
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Britney’s Song Can Teach Us a LessonThe very public Britney Spears conservatorship dilemma is playing out for the world to see. This is why proper estate planning is so critical.
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The Devastating, Yet Avoidable Probate ProcessTips on how a living trust can help you avoid the costly, time-consuming probate process, ensuring secure asset distribution and peace of mind.
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Understanding Charitable Trusts in CaliforniaCreating a charitable trust is a great way to help others after you’re gone, while helping loved ones and yourself while you’re alive.
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URGENT BREAKING NEWS: You May Need to Act NOW To Preserve Your Home’s Low Property Taxes for Your Children - Here are some frequently asked questions about Prop 19.California voters approved Prop 19 that may dramatically reduce your children’s ability to retain your below market property tax assessment.
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How Californians Can Pass Along Tangible Assets to Loved OnesIf you're wondering what the best way to pass along your tangible assets to your loved ones, here's some tips on some of the best ways to do this.