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 U.S. Citizens Abroad Can Benefit From Estate PlanningMost expatriates are familiar with the necessity of reporting foreign income to the IRS, but few protect their estates from taxation. Our CA attorneys explain.
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Using a Video Will in Your California Estate PlanWhile some states accept videotaped wills as legally binding, California only recognizes written wills as valid estate planning documents. Our attorneys explain
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Including Cryptocurrency in Your California Estate PlanCryptocurrency is both a potentially valuable and highly volatile investment that demands a modern, professionally made estate plan. Our CA attorneys explain.
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The Uses and Disadvantages of California CodicilsA codicil might seem like a simple way to alter an existing estate plan. However, codicils can cause more problems than they solve. Our CA attorneys explain.
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Leaving Gifts to Grandchildren in CaliforniaGrandparents often try to help their grandchildren by naming them as beneficiaries in a will. Our lawyers explain why that can cause problems.
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The Benefits of California SLATsA SLAT uses estate law and federal gift exemptions to provide a spouse with life-long access to trust assets. Our California estate attorneys explain.
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How a California Prenuptial Agreement Could Help Cement Your LegacyPrenuptial agreements are often associated with divorce disputes, but they have the potential to serve as important estate planning devices, too.
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California Uniform Trust Decanting ActCalifornia recently enacted the Uniform Trust Decanting Act that allows trustees to transfer trust assets into a new trust with revised terms and conditions.
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Protect the Finances of a Loved One After a Dementia DiagnosisCalifornia law provides some useful strategies to help a loved one responsibly manage their money even after they have been diagnosed with dementia.
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Creating a California Succession Plan for Your Family HomeCalifornia residents can enact many strategies to leave their family home as an inheritance. However, your decision could have major tax implications.
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How DNA Evidence Can Upend Estate PlansThe recent popularity of mail-order DNA tests means that previously unknown relations can wreak havoc on unprepared estates. Learn more here.
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Financial Considerations for California Family CaregiversThe high costs of long-term care can be financially taxing. Learn what you can do to get compensation while taking care of your loved one.
