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For many people, the fact that they have not yet created a legally binding estate plan is something tucked away in the back of their minds that will resurface at different times – the death of a loved one, a wedding, the birth of a child, a change in financial circumstances. And, what we hear time and time again after clients have executed their documents, is that they feel an overwhelming sense of relief at having this taken care of. This sense of relief is important – it frees the subconscious mind from a sense of burden. It creates peace, as well as relief.
Creating an estate plan gives you the opportunity to exercise control while you still have it. Most people have only a vague idea about the laws regarding passing property at death and what happens in the case of incapacity. There are a myriad of situations where, if you have not created an estate plan, what actually happens may be vastly different than what you would have intended. Call now to learn more about how we can help at (510) 984-2390.

What Do Estate Planning Lawyers Do?
Estate planning lawyers perform many important duties. They offer legal counsel regarding estate planning, including instructing clients on the many tools to help them prepare for the future. They analyze your unique situation to determine which estate planning documents make the most sense for your family’s goals.
For example, some documents a lawyer can help you set up include:
- Wills, including living wills, simple wills, testamentary trust wills, and more
- Trust, such as revocable living trusts, irrevocable trusts, special needs trusts and charitable trusts
- Power of attorney documents
- Advance Health Care Directives
- Real property documents such as grant deeds and Affidavits of Death or Change of Trustee
A lawyer can also guide you through administering the estate of a loved one who has died, assist with issues regarding adults who need legal guardians, and adjust your legal plans to accommodate your family’s changing needs.






Why Do I Need an Estate Plan?
An estate plan serves several vital functions, including:
- Protecting Your Estate
- Passing On Your Assets In Accordance With Your Wishes
- Minimizing the tax burden on the estate
- Avoiding probate, which saves substantial costs and may protect the estate from estate recovery
- Instructing family members on how to handle the person’s healthcare if they become incapacitated
- Protecting elderly individuals from predators and avoiding costly conservatorships by assigning powers of attorney
- Naming guardians for surviving minor children
- Indicating the person who will administer the estate, also known as the executor
- Leaving a legacy of goodness by donating part of the estate to charity
- Providing for individuals with special needs while protecting their eligibility for government programs
How Do Trusts Work?
Trusts are valuable tools in the estate planning world. They act similar to a will, indicating how the assets are passed on to the future generation. However, they have added benefits.
When you assign assets to a trust, the trust becomes the legal owner of that item or those funds. This can help your loved ones avoid the expense and delays of a formal estate administration (probate) after your death, and also can be used to minimize taxes. Some essential steps when creating a trust include deciding what kind of trust you need, assigning a trustee who will administer the trust, and legally signing the trust.
Reach out to a trust attorney to ensure you create the right kind of trust and avoid many pitfalls that prevent people from accessing their assets or getting the full benefits they desire. Your lawyer can also help you choose the right person as trustee since this role comes with essential fiduciary duties.



What Does a Power of Attorney Document Do?
The power of attorney document indicates how you want certain aspects of your estate or health to be handled in case you are unable or unwilling to deal with these matters. There are many different ways to set up the power of attorney document, including giving the person general, limited, or temporary powers.
You may also choose to assign authority over various aspects of your life. For example, as you age, you may wish to give a power of attorney over your finances to a responsible adult child. Alternatively, you could assign someone as a healthcare proxy to make health decisions on your behalf.
Another significant power of attorney is the durable POA. With a durable power of attorney, the responsibility over your welfare lasts even if you become incapacitated. A springing durable power of attorney comes into effect only if you are unable to make decisions for yourself due to age, illness, or injury.
Can Our Estate Planning Lawyers Help You?
Many people think that they don’t need an estate plan because their estate is “simple”. What they might not know is that there are many laws involved in providing for yourself and your loved ones in the case of incapacity and death that are outlined in many sources. These include state statutory law regarding probate, real estate, health and safety, and federal, state, county and local laws and regulations contained in the Internal Revenue Code and Regulations, and regulations published by the State Department of Health Care Services, the federal Social Security Administration, the State Board of Equalization and the County Assessor’s and Recorder’s offices. When you engage an attorney to assist in planning for your estate, while the end result is a series of documents, primarily you are paying for the attorney’s guidance, expertise and advice. Not seeking counsel regarding these important matters is also a choice. Being proactive to plan often saves a family substantial sums of money since well thought out advance planning avoids many expensive and unanticipated consequences that are too late to cure once someone has died. You can take the necessary steps to protect your family members and assets by speaking with one our legal team during a complimentary 30 minute consultation.
Call our caring, capable team of estate planning attorneys today at (510) 984-2390. Our lovely, convenient office is located at 2258 Santa Clara Suite Two, Alameda, CA 94501. We are located in the Park Street shopping district right across the street from City Hall, just 0.6 miles from Chochenyo Park, 1.3 miles from Lincoln Park, and 4.3 miles from Oakland International Airport (OAK).

What Are the Most Important Documents to Include in an Estate Plan?
Your estate plan should match your unique needs and goals and may not look exactly like anyone else’s. Consulting with an estate planning attorney is a great way to know your options and choose which documents match your wishes for your family. Some examples of estate planning documents that could come in handy include a will, trusts, and powers of attorney. You can alter the terms within these documents to fit your future goals. You should also work with a lawyer to adjust your estate plan when major life changes occur, such as divorce, remarriage, birth, or death of a family member.
Do I Need a Will in California?
Creating a will is one of the most important aspects of estate planning. The will names individuals who will fulfill crucial roles when it is time to administer your estate. For example, the will indicates who will administer your estate and who will assume guardianship of minor children after you pass away. The will can also describe how the inheritance is to be passed on to the next generation. While having a will does not mean your estate is exempt from probate, it can help simplify legal proceedings. Please speak with a knowledgeable estate planning attorney right away to start creating a legally valid will.
Does Every Estate Need to Go Through Probate in California?
Probate refers to a court procedure where a judge validifies the will and other estate documents and distributes the assets according to the decedent’s wishes. Contrary to popular belief, not every estate must go through probate. Any asset owned by the deceased person alone usually passes through probate. However, a trust-based estate plan can help your loved ones avoid having to experience this time-consuming, expensive process. Contact our law firm immediately to learn more about how to develop an estate plan and avoid probate for your estate.
What Kinds of Trusts Are There?
Trusts can be highly beneficial in a California estate plan. They help protect your property from creditors and unnecessary taxes. They also protect your privacy by helping you avoid probate after you pass away. Trusts come in many varieties. For example, a living trust allows the grantor to control their property until they pass away. Other trusts are enacted after your death and have various advantages, such as charitable, special needs, and spendthrift trusts. You should speak with a skilled attorney before creating any type of trust to ensure you accomplish your goals and get the benefits you need.
What Do I Do as an Estate Executor?
The estate executor plays an essential role after a person dies. They are charged with executing the decedent’s wishes and fulfilling a fiduciary duty by ensuring the needs of the family members are placed over their personal gain. The executor oversees the probate process, which involves many intricate steps. This individual’s actions include inventorying the estate, valuing assets, notifying beneficiaries, paying off creditors, filing taxes, and distributing the estate. Failing to fulfill these duties properly could result in legal action, so it’s always a good idea to hire a lawyer to help you handle these vital responsibilities.
What Happens in a Conservatorship?
Conservatorship occurs when an adult cannot care for themselves, and their care is handed to another individual. Many conservators are family members or close friends. The conservator must fulfill their assigned role, such as handling the person’s financial accounts or seeing their physical needs met. The conservator has the fiduciary duty to use funds for the conservatee’s well-being. A judge may award a conservatorship to a close friend or non-profit organization, depending on the circumstances of the case. They will also consider the conservatee’s feelings regarding the conservatorship.
How Do I Know if I Need a Power of Attorney?
The power of attorney document gives another person legal authority to act in your name. Some individuals reach a point where they no longer desire to handle business transactions or personal bills. They may choose to give a trusted friend or relative the power to make decisions on their behalf. Powers of attorney can also be an excellent way to prepare if you become incapable of making important financial or health decisions due to illness, injury, or age. A durable power of attorney continues to give this authority after the person is incapacitated. Speaking with an attorney is a great way to decide which kind of power of attorney makes sense in your case.
How Do I Choose the Right Estate Planning Lawyer?
With the many law firms available in Alameda and Contra Costa counties, deciding which one is right for you can be difficult. Some tips to help you find the right attorney include looking for someone experienced, compassionate, and dedicated to getting you the desired results. The ideal estate planning lawyers will have decades of experience handling cases similar to yours. They will be honest and caring, listening to your concerns and providing helpful answers. They will also be committed to fighting for you should litigation arise.