What is an Estate Plan and What Does it Consist of?
An Estate Plan is you taking control of your life, life's decisions, and assets. As well as avoiding a court processed called Probate. An Estate Plan also allows loved ones to avoid Conservatorship proceedings in the event you are incapacitated.
An Estate Plan consists of documents stating what happens to your assets after you pass (Trust), what happens to any assets that may have been left out of your Trust (Will), appoints Guardians for any minor children (Will), nominates Agents to handle your financial matters in the event you are incapacitated (Financial Power of Attorney), and nominates Agents to execute your health care decisions and end of life decisions in the event you are incapacitated or no longer (Advanced Health Care Directive).
Do I Need an Estate Plan?
If You Can Answer "YES" To Any of the Following:
You NEED an Estate Plan
Minor Children?
You NEED an Estate Plan
Own Real Estate?
Assets Over
$184,500?
You NEED an Estate Plan
Blended
Family?
You NEED an Estate Plan
You NEED an Estate Plan
Own Businesses?
Have Pets?
You NEED an Estate Plan
Why Do I need an Estate Plan?
You Need an Estate Plan if you answer "Yes" to any of the following:
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Do you wish to have control over your assets and who inherits your assets when you pass?
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Do you wish to keep your minor children out of the foster care system should something happen to you?
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Do you wish to have someone you know and trust manage your finances and health care decisions?
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Do you wish to keep your personal affairs private and not in the eyes of the public?
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Do you wish to avoid Probate and pass on your legacy?
What Happens If I Don't Have an Estate Plan?
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Your Estate would have to go through a court supervised process called Probate where your assets would then be transferred on to your heirs. Not only is this process lengthy and confusing, it can be costly as well. It is also a public procedure, so all your private affairs can be easily accessed by the public.
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You will not have control over your assets and who inherits when you pass. California's Intestate Laws will apply and a family member you may not potentially want to have a piece of your estate, may now be eligible to inherit.
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If you have minor children and do not nominate guardians should something happen to you, your family members would have to begin the guardianship procedure in order to have legal rights over your children. In the event you have no family to care for your children or go through the guardianship procedure, your children could end up in foster care.
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In the event you are incapacitated, your loved ones would have to go to court to obtain a conservatorship in order to make financial or health care decisions on your behalf.