Estate Planning Law
Estate Planning, A Life Priority
Provided by Moster Wynne
Attorneys at Law
Estate planning is all about you, your family, and your estate. Through an effective estate plan, you can live on, in and through your family, your estate, your hopes, plans and dreams. It's important to overcome the reluctance to spend time and money for proper estate planning because it’s about taking responsibility to ensure that your estate – everything you own and control – is preserved and used for the benefit of those you love.
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Estate Planning Through the Use of a Living Trust in California If you own assets and want your family (spouse, children or parents) to receive the assets at your death without court interference and want to provide for the management of your assets without a court appointed conservator in the event of your incapacity, you should consider estate planning through the use of a living trust. You may also want to encourage other family members to do likewise so that you will not have to deal with the court at their incapacity or death. Your Role as Executor An executor is the person who is responsible for settling the details of a deceased person’s estate. There can be a single executor or one or more people charged with this job. An executor can be related to the deceased person, can be a friend or can be a lawyer, accountant or other professional chosen for a particular expertise. The main requirement is that you are at least 18 years old and have not been convicted of a felony. |
Do I Need Estate Planning? Whatever the size of your estate, you should designate the person who, in the event of your incapacity, will have the responsibility for the management of your assets and your care, including the authority to make health care decisions on your behalf. How that is accomplished is discussed below in this material. If your estate is small in value, you may focus simply upon who is to receive your assets after your death and who should be in charge of its management and distribution. Contrary to what you have probably heard, a will may not be the best plan for you and your family - primarily because a will does not avoid probate when you die. A will must be verified by the probate court before it can be enforced. Also, because a will can only go into effect after you die, it provides no protection if you become physically or mentally incapacitated. In that event, the court could easily take control of your assets before you die - a concern of millions of older Americans and their families. Fortunately, there is a simple and proven alternative to a will - the revocable living trust. It avoids probate, and lets you keep control of your assets while you are living, even if you become incapacitated, and after you die. |
Additional Estate Planning Law Information
Estate planning lawyers & attorneys: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin, Wyoming
