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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How the Uniform Partition of Heirs Act Could Help Resolve Inheritance-Related DisputesThe Uniform Partition of Heirs Act overhauls existing probate law by giving co-tenants the chance to “buy out” shareholders in an inherited property.
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Protect Your California Mobile Home From UncertaintyCalifornia’s probate code can make it difficult to determine whether a mobile home is real property or personal property. Our California attorney explains.
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The Importance of Estate Planning for Single Parents in the Golden StateSingle parents often need an estate plan to ensure that their children remain protected from life’s many uncertainties. Our CA attorney explains.
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How a Waiver of Spousal Rights Can Help Protect an Estate From UncertaintyCalifornia law presumes that most spouses are entitled to a share of their partner’s estate. A waiver of rights could help families better protect their rights.
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California’s Latest Law on Supported Decision-MakingSupported decision-making provides CA adults with disabilities an opportunity to retain their independence while receiving support from friends and family.
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Estate Planning if You Have Rental or Investment PropertiesRental and investment properties could provide the foundations of a robust legacy, but they demand additional attention in estate planning.
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Why Disinheritance Is Rarely SimpleWhile California’s Probate Code affords adults the right to make estate decisions, disinheritance must always be enacted with an eye toward caution.
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Why Millennials Can’t Afford to Overlook Their Estate PlansA comprehensive estate plan can help millennials make critical decisions about their own health, wealth, and mental well-being. Our CA lawyers explain.
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California Residents Can Use Trusts to Keep Their Assets Safe From Prying EyesIf privacy is important to you, a California estate planning attorney can help keep your assets safe from prying eyes. Our CA lawyers explain.
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How to Create a Digital Estate Plan in CaliforniaWhile CA recognizes the legitimacy of a digital estate, establishing one that is comprehensive and secure still requires preparation. Our CA attorneys explain.
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How to Protect a Loved One With Diminished Mental CapacityIf your spouse has diminished mental capacity or is of unsound mind, you may be able to petition the courts to help your loved one manage their assets.
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What to Consider Before Entering Into a CA Joint Tenancy AgreementJoint tenancy agreements are among the most common modes of homeownership, but they are not without disadvantages. Our CA attorneys explain.
