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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ABLE Accounts in CaliforniaAn ABLE account can help those with special needs save tax-free money while keeping their benefits, especially when paired with a trust. Learn more here.
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Making a Holographic WillHolographic wills can be easy to make, but they have some potential disadvantages. Learn more here.
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Deciding If a Totten Trust Is Right for YouA Totten trust can help you pass cash to loved ones without the need for probate. However, these trusts can have distinct drawbacks. Learn more here.
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When You Should Rewrite Your Will CompletelyWhile changing your will to include a codicil may seem easier, it is often simpler and safer to redraft your will outright. Learn more here.
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Creating a Special Needs TrustA special needs trust can help California parents protect their children’s well-being while ensuring they can still get government assistance.
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Business Succession and Estate PlanningOnly 10% of all family-owned businesses last beyond two generations, which is why it is important to have a business succession plan in place. Learn more here.
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Estate Planning for Your PetCA is one of several states which lets residents name guardians or create trusts to ensure a pet is well cared for after their owners die. Learn more here.
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Community Property in CaliforniaCalifornia is one of nine states with community property laws. These laws can have a significant impact on the estate plans of married couples. Learn more here.
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Estate Planning for People Who Are SingleEstate planning is not just for married couples. Single people need to plan for their future, as well. Learn why you need to create a plan if you’re not married
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An Intestate Will Leaves Your Assets and Loved Ones in the Court’s HandsSorting out an estate without a will can cause unexpected problems in California probate court. Learn more here.
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The Importance of Having a Will and a Living TrustWills and living trusts may seem like similar documents, but each has different functions. Learn more about both documents as part of a well-planned estate.
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Protecting Your Estate When You’re Getting a DivorceDivorce changes a lot in your life, and you need to reconsider your will, estate, and assets. Here, learn more about protecting yourself after a divorce.
