Initial Consultation
Legal Wills and Living Trusts in California
Wills
A will is your statement of how you want your estate or assets and debts to be handled after your death. It is your opportunity to provide gifts to loved ones, family and friends, charities, etc. If you have no will at the time of your death, your estate will go to your next of kin in shares determined by the probate code of California. Without a will, in many cases, your estate will not go to those you intended to receive it. A simple will usually can be prepared for less than $200 and can be completed even if you are in the hospital (for under $500).
Powers of Attorney
A durable power of attorney is a document that grants the powers of decision making to anyone you trust in the event you are incapable of handling them yourself. The "attorney in fact", the person given the powers, must follow your wishes and can be punished for taking advantage of you.
The Importance of Durable Powers of Attorney
Durable powers will prevent the need for an expensive and burdensome conservatorship if you become suddenly incapacitated. Durable powers can be prepared for less than $100, while Conservatorships usually involve legal fees and costs in the thousands of dollars.
Durable Powers of Attorney for Health Care Decisions
A durable power of attorney for health care is a document that grants a trusted person the right to make medical decisions on your behalf when you are unable to make them for yourself. The document gives explicit guidance to the person on how to decide when to authorize surgery or when to terminate life support and allow you to die with dignity.
Durable Powers of Attorney for Financial Care Decisions
A durable power of attorney for financial decisions is a document that grants a trusted person the right to make financial decisions on your behalf when you are unable to make them for yourself.
Purchase Powers of Attorney Online.
Living Trusts
A living trust is a legal document that is designed to avoid taxes and probate. Trusts are of benefit mostly to the wealthy. The more you own, the more you save. However, trusts are much more complex legally and difficult to undestand than wills. They require more attention and technically-accurate transfer of assets into the trust. In some cases, it could increase the costs of administering your estate and always will cost more to set up properly. An estate planning attorney should be contacted if a living trust is what you need or want. Living trusts may be worth the trouble and money when your estate is large.
What If The Other Party Is Lying?
A party can lie, and many do, even under oath. Such lies amount to "perjury", a crime. Will they be punished? Rarely. Do we use their lies against them? Frequently.
How Long Will It Take?
A will or durable power of attorney can usually be prepared within two to three days of contacting our law office. Our office usually refers clients to an estate planner if a living trust is needed.
Why hire a lawyer?
Wills, powers of attorney, and living trusts should be developed with the assistance of an experienced, competent attorney with years of experience and the knowledge of the laws and pitfalls of estate planning. A good lawyer can save you and your heirs hundred, thousands, and in some cases millions of dollars in lost value by properly planning your estate.
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