Best Estate Planning Attorneys in Encinitas, CA

Yes, you can find forms online. However, they are often generic and do not provide for the specific issues that you will face when making your planning decisions.

You should review your documents every three to five years or sooner if you have a major event in your life such as marriage, divorce, and birth of children or grandchildren.

Even if there is a living trust, it is always a good idea to have at least a simple Will. Very often, by design, oversight, or lack of attention, every asset is not placed in the trust, thus necessitating probate for some assets. Also, the Will may contain other important provisions such as a choice of guardians of minor children.

Yes, these are some of the most important documents that you can execute. The Advance Directive appoints a primary and alternate health care representative to make medical decisions for you when you cannot make them for yourself. The agent under your Power of Attorney manages your finances for you.

Probate is necessary for all Wills and for an estate that has been left behind without the designation of a valid Will. There are exceptions to this rule, however, and whether or not an estate will have to go through probate depends on the specific case. For example, California estates that are valued under $150,000 can skip the process, as well as property that is named in a trust. But every case is different, and your best bet when facing the possibility of probate is to speak with an experienced California probate lawyer.