Frequently asked questions.

1. What is estate planning?

Estate planning is the process of arranging how your assets will be managed, preserved, and distributed after your death or if you become incapacitated. It often includes wills, trusts, powers of attorney, and advance health care directives.

2. Do I need an estate plan if I don’t have a lot of assets?

Yes. Estate planning isn’t just about wealth—it’s about making sure your wishes are honored, your loved ones are cared for, and someone you trust can make decisions for you if you're unable to.

3. What documents are typically included in an estate plan?

A complete estate plan usually includes:

  • Will

  • Revocable Living Trust (if applicable)

  • Durable Power of Attorney

  • Advance Health Care Directive

  • HIPAA Authorization

  • Guardianship designations (if you have minor children)

4. What is the difference between a will and a trust?

A will outlines how your assets will be distributed after death but must go through probate.

A trust avoids probate and allows your trustee to manage and distribute your assets more privately and efficiently.

5. What is probate, and can it be avoided?

Probate is the court-supervised process of validating a will, paying debts, and distributing assets. It can be time-consuming and costly. Creating a properly funded revocable living trust is one way to avoid probate in California.

6. What happens if I die without a will in California?

If you die without a will (intestate), California’s intestacy laws determine who inherits your property, usually starting with your closest relatives. The process may not reflect your personal wishes.

7. Do I need a lawyer to create an estate plan?

While DIY options exist, working with an experienced estate planning attorney helps ensure your documents are legally valid, customized to your needs, and compliant with California law.

8. How often should I update my estate plan?

  • You should review and update your estate plan:

  • Every 3 years

  • After major life events (marriage, divorce, birth, death)

  • If your assets or financial goals change

  • If laws change that could affect your plan

9. Can I change my will or trust?

Yes, most estate planning documents (like revocable trusts and wills) can be amended or revoked during your lifetime as long as you have legal capacity.

10. Who should I choose as my executor or trustee?

Choose someone responsible, trustworthy, and organized—ideally someone who understands your wishes and is capable of handling legal and financial matters, or consider naming a professional fiduciary.

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