California Probate Attorneys and Lawyers
California Estate Planning Blawg
2. What is involved in estate planning?
4. What is included in my estate?
5. What is a last will and testament?
6. What is a revocable living trust?
8. Can I name alternative beneficiaries?
9. Who should be my executor or trustee?
10. How should I provide for my minor children?
11. When does estate planning involve tax planning?
12. Does the way in which I hold title make a difference?
13. Are there other ways of leaving property?
14. What happens if I become unable to care for myself?
15. Who should help me with my estate planning documents?
16. Should I beware of "promoters" of financial and estate planning services?
17. How much does estate planning cost?
18. How do I find a qualified probate attorney or estate planning lawyer?
Estate planning is a process. It involves people—your family, other individuals and, in many cases, charitable organizations of your choice. It also involves your assets (your property) and the various forms of ownership and title that those assets may take. And it addresses your future needs in case you ever become incapacitated or unable to care for yourself.
Through estate planning, you can determine:
How and by whom your estate assets will be managed for your benefit during your lifetime if you ever become incapacitated and unable to manage them yourself.
Estate planning, however, can also involve financial, tax, charitable, medical and business planning. A last will and testament is part of the planning process, but you will need other estate planning documents as well to fully address your estate planning needs. For comprehensive estate planning the assistance of a qualified estate planning attorney or lawyer is recommended.
The purpose of this California estate planning and probate information is to summarize the estate planning process, and illustrate how it can help you meet your goals and objectives. You will discover that estate planning is a dynamic process. Just as people and assets and laws change, it may well be necessary to adjust your estate plan every so often to reflect those changes.
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2. What is involved in estate planning?
There are many issues to consider in creating an estate plan. First of all, ask yourself the following questions:
You do—whether your estate is large or small. Either way, you should designate someone to manage your assets (durable power of attorney, executor, or successor trustee) and make health care and personal care decisions for you (health care surrogate) if you ever become unable to do so for yourself. If your estate is small, you may simply focus on who will be the beneficiaries of your assets after your death, and who should manage your probate estate, pay your last debts and handle the distribution of your assets to your heirs or other beneficiaries.
If your estate is large, your California estate planning lawyer or wills and trust lawyer will also discuss various ways of preserving your assets for the beneficiaries of your estate and of reducing or postponing the amount of federal estate taxes and California estate taxes which otherwise might be payable after your death.
If you fail to plan ahead, a California probate judge will simply appoint someone to handle your probate estate assets and personal care. And your probate estate assets will be distributed to your heirs according to a set of rules known as intestate succession.
Contrary to popular myth, everything does not automatically go to the state of California if you die without a last will and testament. Your relatives, no matter how remote, and, in some cases, the relatives of your spouse will have priority in inheritance of your probate estate ahead of the state of California.
Still, they may not be your choice of heirs; an estate plan gives you much greater control over who will inherit your assets after your death. (Back to the Top)
4. What is included in my estate?
All of your assets. This could include assets held in your name alone or jointly with others, assets such as bank accounts, real estate, stocks and bonds, and furniture, cars and jewelry.
Your estate assets may also include life insurance proceeds, retirement accounts and payments that are due to you (such as a tax refund, outstanding loan or inheritance).
The value of your estate is equal to the “fair market value” of all of your various types of property—after you have deducted your debts (your car loan, for example, and any mortgage on your home.)
The value of your estate is important in determining whether your estate will be subject to state or federal estate taxes after your death (see #11) and whether your beneficiaries could later be subject to capital gains taxes. Ensuring that there will be sufficient resources, including cash liquidity (which can be provided by life insurance in an irrevocable life insurance trust) to pay such taxes is another important part of the estate planning process. (Back to the Top)
5. What is a last will and testament?
A last will and testament is a traditional legal document which:
Names individuals (or charitable organizations) who will receive your assets after your death, either by outright gift or in a testamentary trust.
Probate is a California probate court-supervised process for transferring a deceased person’s assets to the beneficiaries listed in his or her last will and testament.
Typically, the executor named in your last will and testament would start the process after your death by filing a petition in California probate court and seeking appointment. The petition for administration of your California probate estate is similar to a complaint filed in a lawsuit. Your executor would then take charge of your probate assets, pay your debts and, after receiving California probate court approval, distribute the rest of your probate estate to your beneficiaries. If you were to die intestate (that is, without a last will and testament), a relative or other interested person could start the process.
In such an instance, the California probate court would appoint an administrator to handle your probate estate. Personal representative is another term used to describe the administrator or executor appointed to handle a California probate estate. The executor or personal representative must hire a California probate lawyer to represent him or her in California probate court. The California probate court may appoint your spouse for handling your probate estate if the total assets amount to less than $100,000. The California probate process has advantages and disadvantages.
The California probate court is accustomed to resolving disputes about the distribution of probate assets fairly quickly through a process with defined rules. In addition, the California probate court reviews the personal representative’s handling of each probate estate, which can help protect the estate beneficiaries’ interests.
One disadvantage, however, is that California probates are public. Your estate plan and the value of your assets will become a public record. Also, because California probate lawyer’s fees and executor’s commissions are based on a statutory fee schedule, a California probate may cost more than the management and distribution of a comparable estate under a revocable living trust.
Time can be a factor as well. A California probate proceeding generally takes longer than the administration of a revocable living trust. Discuss such advantages and disadvantages with a California estate planning lawyer or wills and trusts attorney before making any decisions. (Back to the Top)
8. Can I name alternative beneficiaries?
Yes. You should consider alternative beneficiaries in the event that your primary beneficiary does not survive you.
And if a beneficiary is too young or too disabled to handle an inheritance, you might consider setting up a testamentary trust for his or her benefit under your last will and testament or revocable living trust.
Once you have decided who should receive your assets, it is very important that you correctly identify those chosen individuals and charitable organizations in your last will and testament or revocable living trust. Proper drafting of such documents by qualified California estate planning lawyers or wills and trusts attorneys is important.
Many organizations have similar names and, in some families, individuals have similar or even identical names. A California estate planning lawyer can help you clarify and appropriately identify your beneficiaries. (Back to the Top)
9. Who should be my executor or trustee?
10. How should I provide for my minor children?
11. When does estate planning involve tax planning?
12. Does the way in which I hold title make a difference?
13. Are there other ways of leaving property?
14. What happens if I become unable to care for myself?
You can help determine what will happen by making your own arrangements in advance. Through proper estate planning, you can choose those who will care for you and your estate if you ever become unable to do so for yourself. Just make sure that your choices are documented in writing.15. Who should help me with my estate planning documents?
16. Should I beware of "promoters" of financial and estate planning services?
17. How much does estate planning cost?
It depends on your individual circumstances and the complexity of documentation and planning required to achieve your goals and objectives. The costs may vary from estate planning lawyer to lawyer.18. How do I find a qualified California estate planning lawyer or attorney?
If you do not know a California estate planning lawyer or attorney who is qualified to help you with your estate plan, ask someone whose judgment you can trust—a friend or employer, for example.
Or check the Yellow Pages of your telephone directory for listings under “Attorney Referral Service.”
Most of these services offer half-hour consultations for a modest legal fee. California estate planning Attorneys who are members of certified lawyer referral services must carry insurance, agree to fee arbitration for fee disputes, meet standards of legal experience and be California State Bar members in good standing.
If you do decide to hire a California estate planning lawyer or attorney, make sure that you understand what you will be paying for, how much it will cost and when you will be expected to pay your bill. (Back to the Top)
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Alameda |
Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City |
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Alpine |
No Cities |
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Amador |
Amador, Ione, Jackson, Plymouth, Sutter Creek |
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Butte |
Biggs, Chico, Gridley, Oroville, Paradise |
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Calaveras |
Angels Camp |
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Colusa |
Colusa, Williams |
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Contra Costa |
Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek |
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Del Norte |
Crescent City |
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El Dorado |
Placerville, South Lake Tahoe |
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Fresno |
Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, Sanger, San Joaquin, Selma |
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Glenn |
Orland, Willows |
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Humboldt |
Arcata, Blue Lake, Eureka, Ferndale, Fortuna, Rio Dell, Trinidad |
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Imperial |
Brawley, Calexico, Calipatria, El Centro, Holtville, Imperial, Westmorland |
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Inyo |
Bishop |
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Kern |
Arvin, Bakersfield, California City, Delano, Maricopa, Mcfarland, Ridgecrest, Shafter, Taft, Tehachapi, Wasco |
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Kings |
Avenal, Corcoran, Hanford, Lemoore |
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Lake |
Clearlake, Lakeport |
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Lassen |
Susanville |
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Los Angeles |
Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bellflower, Bell, Gardens, Beverly Hills, Bradbury, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Habra Heights, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Walnut, West Covina, West Hollywood, Westlake Village, Whittier |
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Madera |
Chowchilla, Madera |
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Marin |
Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, Tiburon |
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Mariposa |
No Cities |
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Mendocino |
Fort Bragg, Point Arena, Ukiah, Willits |
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Merced |
Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced |
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Modoc |
Alturas |
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Mono |
Mammoth Lakes |
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Monterey |
Carmel-By-The-Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, Soledad |
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Napa |
American Canyon, Calistoga, Napa, St Helena, Yountville |
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Nevada |
Grass Valley, Nevada City, Truckee |
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Orange |
Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, La Habra, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda |
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Placer |
Auburn, Colfax, Lincoln, Loomis, Rocklin, Roseville |
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Plumas |
Portola |
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Riverside |
Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, Lake Elsinore, La Quinta, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, Temecula, Wildomar |
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Sacramento |
Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova, Sacramento |
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San Benito |
Hollister, San Juan Bautista |
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San Bernardino |
Adelanto, Apple Valley, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley |
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San Diego |
Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista |
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San Francisco |
San Francisco |
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San Joaquin |
Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, Tracy |
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San Luis Obispo |
Arroyo Grande, Atascadero, El Paso De Robles, Grover Beach, Morro Bay, Pismo Beach, San Luis Obispo |
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San Mateo |
Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside |
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Santa Barbara |
Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, Solvang |
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Santa Clara |
Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale |
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Santa Cruz |
Capitola, Santa Cruz, Scotts Valley, Watsonville |
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Shasta |
Anderson, Redding, Shasta Lake |
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Sierra |
Loyalton |
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Siskiyou |
Dorris, Dunsmuir, Etna, Fort Jones, Montague, Mount Shasta, Tulelake, Weed, Yreka |
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Solano |
Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Vallejo |
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Sonoma |
Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, Windsor |
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Stanislaus |
Ceres, Hughson, Modesto, Newman, Oakdale, Patterson, Riverbank, Turlock, Waterford |
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Sutter |
Live Oak, Yuba City |
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Tehama |
Corning, Red Bluff, Tehama |
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Trinity |
No Cities |
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Tulare |
Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, Woodlake |
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Tuolumne |
Sonora |
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Ventura |
Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, Thousand Oaks |
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Yolo |
Davis, West Sacramento, Winters, Woodland |
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Yuba |
Marysville, Wheatland |