Frequently Asked Questions
-
An experienced estate planning attorney understands the laws, knows what red flags to watch for, and can tailor your documents to your unique situation. Online programs can’t catch mistakes, ask follow-up questions, or provide guidance if something unexpected comes up. Choosing a real attorney helps ensure your plan is done right the first time—so your family is protected and your wishes are honored.
-
Everyone needs a will to make it clear who you want to handle your estate when you pass away and who you want your property to go to. Without a will, it’s anyone’s guess who will be appointed as your personal representative—and just as uncertain who will receive your assets. Your property may or may not end up in the hands of the people you intended. A will gives you control and peace of mind.
-
While everyone should have a will, a trust is especially important if you own real estate in California or have assets nearing or exceeding $200,000 (including retirement accounts, pensions, investments, and other property). In these cases, a trust is the smartest and safest way to ensure your assets go directly to your beneficiaries without involving the probate court. Probate is often costly, can take 12 to 18 months (or longer), and may end up costing tens of thousands of dollars—even just to pass along a simple home. A trust helps your loved ones avoid that burden.
-
The main difference is that a properly drafted trust can help your loved ones avoid going to court, while a will cannot. A will still goes through probate, which is a court-supervised process. A trust, on the other hand, allows your assets to be distributed privately and efficiently—often saving time, money, and stress.
-
Yes, we can help. This likely involves some form of probate administration. Not all probate matters have to go through court—it depends on the type of assets involved and their value. We can review the situation and guide you through the next steps to help resolve things as smoothly as possible.
-
An Advance Health Care Directive allows you to name someone you trust to make medical decisions for you if you're hospitalized and unable to speak for yourself. It ensures that your wishes are respected and that someone you choose—not the court—has legal authority to act on your behalf in a medical emergency.
-
A Durable Power of Attorney gives someone you trust the legal authority to handle your financial and legal matters if you become incapacitated. This document is often overlooked, but it’s critical. For example, if one spouse is in a serious accident and unable to sign paperwork, the other spouse cannot sell the family home—even if they’re both on the title—without going to court for a conservatorship. That process is expensive, time-consuming, and stressful. A Durable Power of Attorney avoids all of that by allowing the healthy spouse to act immediately, saving time, money, and complications.
-
Without a Durable Power of Attorney, your loved ones may have to go to court and request a conservatorship just to manage basic financial decisions on your behalf. This process can take months and cost thousands of dollars. In many cases, the Durable Power of Attorney ends up being one of the most important—and cost-saving—documents in an estate plan.
-
We recommend reviewing your estate planning documents every 2 to 3 years. Life situations can change: relationships evolve, people pass away, children grow up, and the person you named to handle things a decade ago may no longer be the right choice. Regular reviews help ensure your plan still fits your life and complies with current laws.
-
Yes, we assist with both general and limited conservatorships. These are court-authorized arrangements that allow someone to make legal, financial, or personal decisions for another person who is unable to do so themselves. We guide families through the process with care and experience.
-
A general conservatorship is usually needed when an adult—often a senior—can no longer manage their personal or financial affairs due to conditions like dementia, Alzheimer’s, or serious injury. We’ve helped clients in a variety of situations, including young adults injured in severe accidents, and older individuals who need support with managing money, medical care, or daily living. We handle conservatorships of the person, the estate, or both—depending on what’s needed.
-
A limited conservatorship is typically for adults with developmental disabilities, such as autism or other neurological or physical conditions. Once a child with special needs turns 18, parents no longer have automatic legal authority to make decisions about their medical care, living situation, or education. A limited conservatorship allows parents or caregivers to continue helping with those critical decisions.