Your Advance Health Care Directive allows you to make important health care decisions and designate an agent to carry out your wishes in the event you are incapacitated. A "Living Will" and "Power of Attorney for Health Care" are similar documents used in other states, but in California, the Advance Health Care Directive (“AHCD”) is the estate planning document that is used to let your wishes regarding medical decisions be known.
Are you in a same-sex relationship? Are you married or domestic partners? Have you and your same-sex partner talked to an estate planning attorney, or even given estate planning a second thought? If not, you need to consider doing so sooner rather than later, not only to protect your partner, but to protect yourself as well.Each state provides a default estate plan if you fail to plan your estate. This default estate plan comes in a one-size-fits-all rule for what happens to your property [...]
Once a person makes a last will or living trust, they often will put it in a safe at home or safe deposit box at the bank and forget about it. However, there are many reasons to review and update your living trust and other estate planning documents. Below is a checklist of events that may prompt you to update your estate planning documents:
Estate planning is a crucial but often overlooked aspect of financial and property management. It involves preparing for the transfer of your assets in the event of your death or incapacity. This process ensures that your wishes are honored, and your loved ones are taken care of, minimizing potential disputes and legal complications.Estate planning is not just for the wealthy; it is essential for everyone! Without a plan, your estate will be subject to California law, where the state decides how your assets are [...]
The best way to protect your home from probate is to transfer it into a Living Trust. A Living Trust allows for the easy transfer of your home and saves thousands of dollars after you pass away. But it is not enough to establish your Living Trust – you must also properly transfer your home to your Living Trust.
If you have a living trust, you may also have bank accounts or investment accounts titled in the name of your living trust. In that case, the financial account titled in the trust does not need a transfer-on-death (TOD) beneficiary designation and that account will always pass through your trust and be distributed to the beneficiaries under your trust.
Are you in an unmarried same-sex domestic partnership? Have you and your partner created a will, consulted an estate planning attorney, or even considered estate planning? If not, it’s crucial to start sooner rather than later. Proper planning protects both you and your partner.
A living trust is an estate planning document you can create during your lifetime. Assets are transferred to your living trust (such as your real property, bank accounts, and brokerage accounts). While you are alive, your trustee (who is usually you) will have complete control over all trust assets and can move the assets in and out of your living trust as needed.
How often should a living trust be updated? I recommend you review your living trust every three to five years. This gives you the opportunity to look at it with fresh eyes. In my experience, when clients have a living trust prepared, the binder with the trust documents is set on a shelf and rarely looked at again.
Do you worry about what will happen to your pet when you pass away? You can create a “Pet Trust” as part of your estate plan to protect your pet.