PLANNING GUIDE

  ESTAHomepgpic1TE PLANNING: UNDERSTANDING YOUR OPTIONS   GUIDEPGFAMILY

  

 

 

  WE WILL ASSIST YOU WITH EVALUATING YOUR  PERSONAL ESTATE PLANNING NEEDS.
(see planning guide)

No matter how large or small an estate you have, it is always a wise decision to plan ahead.  It will give you and your loved ones peace of mind and ensure that your wishes will be carried out by someone you trust.

ABOUT WILLS

  • A Will is a legal document giving direction for the disposition of your estate (real & personal property), upon your death.
  • A Will allows you to appoint a guardian for your minor children.
  • A Will is required to go through Probate, upon your death, if your estate (real & personal property) is worth $100,000 or more.
  • A Will is effective only upon your death.
  • A Will does not address your personal needs. Should you become incapacitated and unable to care for your personal, medical or financial affairs; as a result of illness, injury, mental disability or old age, the decision will be left to a court to appoint someone to make decisions on your behalf.   It may or may not be a person you would have chosen.

 PROBATE

  • Probate is a public court proceeding, whereby the court will determine the validity of your Will to ensure that your directions are carried out.   Upon hearing all claims, the court will order your creditors and taxes paid and your remaining property distributed in accordance with the terms of your will.
  • Probate when there is no Will:   The court will decide how your property will be disbursed.   The court will usually appoint a relative as executor of your estate.   It may or may not be the person you would have chosen.
  • Probate fees will be paid by your estate.
  • Probate is not required if you have a Trust.

 REVOCABLE LIVING TRUST

  • A Revocable Living Trust is established by you. It remains under your control during your lifetime.  You have the power to change or revoke that Trust during your lifetime.  
  • A Revocable Living Trust provides you with a *Pour Over Will, Powers of Attorney, Advanced Health Care Directive and other pertinent documents. *(allows all of your assets to be "poured over" into your trust upon your death.)
  • A Revocable Living Trust does not require probate.
  • A Revocable Living Trust allows you to choose the person or persons you wish to handle your personal, medical & financial affairs, in the event that you are unable to do so.  It also allows you to choose a guardian for your minor children and name a conservator for yourself, should the need arise.

 SPECIAL NEEDS TRUST

  • A Special Needs Trust is a legal document designed for the benefit of an individual who has a disability.  
  • A Special Need Trust's assets is generally not considered countable assets for purposes of qualifying for certain government benefits.
  • A Special Needs Trust provides for supplemental and extra care costs, over and above what the government may provide.
  • A Special Needs Trust is irrevocable.

 IRREVOCABLE TRUST

  • An Irrevocable Trust is as its name implies.  It is a trust that can not be revoked or changed after its creation.  The principal and the assets in this type of trust, may not be accessed, except for its intended purpose.

 ADVANCE HEALTH CARE DIRECTIVE

  • An Advance Health Care Directive is a document which allows a person of your choice to carry out your health care decisions if you are unable to do so.  It allows for directions to your doctors and other health care professionals.  It may include your expressed wishes regarding medical alternatives, such as life support.

 DURABLE POWER OF ATTORNEY

  • A Durable Power of Attorney allows for a person of your choice to be assigned to handle your personal & financial affairs, should you be unable to do so, because of illness, injury, mental disability or old age.

 

****************************************************************************
This is Attorney Advertising.   This website is designed for general information only and is not to be construed to be any
 
form of legal advice  nor the formation of a
lawyer/client relationship. Our practice is limited to the State of California.
****************************************************************************


 
 
  Site Map