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What is Estate Planning?
It’s the proactive process of deciding who will manage your assets and health‐care decisions if you’re incapacitated and how your property transfers after death,documented through wills, trusts, powers of attorney, and health directives.
Why do I need an estate plan if my estate is “modest”?
Without one, California’s intestacy laws and probate court decide who inherits, when, and under what costs. Even a simple will avoids confusion and gives loved ones faster access to funds.
When should I create my first estate plan?
As soon as you reach 18. A basic will, financial POA, and health-care directive let someone you trust act in emergencies. Update your plan at life events (marriage, children, home purchase).
What legal documents make up a basic estate plan?
Difference between a will and a revocable trust?
A will passes through probate; a funded living trust does not, keeping distributions private and faster. A will also nominate guardians; a trust manages assets during incapacity or after death.
Court-supervised process to validate a will, appoint an executor, inventory assets, pay debts/taxes, and distribute property.
Average 12–18 months in California; complex or contested estates can span years.
Combined statutory attorney & executor fees: 4 % on first $100 k, 3 % on next $100 k, etc., plus filing, appraisal, bond, and publication fees—total roughly 4–7 % of estate value.
State formula distributes assets to spouse, children, parents, siblings in set order; partners and step-children often receive nothing without an estate plan.
No, assets in living trusts, POD accounts, joint tenancy, or valued under the small-estate thresholds (~$184 k in 2025) can avoid full probate.
What is a POA?
Written authorization letting someone (agent) act on your behalf for financial or medical decisions.
Difference between financial and health-care POAs?
Financial handles assets; health-care (Advance Directive) handles medical treatment and end-of-life decisions.
Four POA types in CA?
Durable General, Non-Durable General, Limited/Special, Healthcare (Advance Directive). Springing Durable POA is a variant triggered by incapacity.
Durable vs. non-durable?
Durable continues after incapacity; non-durable terminates when you lose capacity.
Springing POA?
Becomes effective only upon a defined event (e.g., incapacity confirmed by physician).
What’s an SNT?
A Special-Needs Trust holds assets for a disabled beneficiary without disqualifying them from means-tested benefits like SSI or Medi-Cal.
How does an SNT protect benefits?
Because assets are owned by the trust, not the beneficiary; distributions are limited to supplemental (non-basic-support) needs.
First-party vs. third-party SNT?
First-party uses beneficiary’s own assets and must include a Medicaid payback; third-party uses parents’ or relatives’ assets and can name remainder beneficiaries.
Limited conservatorship?
Court appointment allowing parents/guardians to manage legal, medical, and financial matters for an adult child with developmental disabilities.
When to seek conservatorship?
Ideally filed 3–6 months before the child’s 18th birthday.
Need More Detail?
Every family’s facts differ. Consult Desert Law Group for personalised advice.
