Thursday 22 December 2011

Ensure the security of your loved ones with the assistance of estate planning lawyer.

A common misconception among people is that will planning is for the affluent class. This apprehension often proves to be wrong when breathing their last; people see their property to be divided according to the rules and regulations of the state. The hard earned money they made, the property they constructed for their family will all be left upon the resolve of the state and this too because of their disinterest in getting an estate planning lawyer. To guarantee the safety of your family after your death, it is vital to consult an estate planning lawyer.

It is indispensable to consult an estate planning lawyer California so as to ensure that you not only have an conventional plan but also that your plan is valid and acknowledged under the current state laws. An estate planning lawyer will help you ascertain a power of attorney, living trust, and a health care proxy to shield you in your living years. The legal representative will also work with you to establish a will and/or testamentary provisions within your living trust to guard those you leave behind. One has to be himself convinced of what needs to be mentioned in a will. Here is a quick checklist of the requirements.

• Your full name and date of birth;
• The names, dates of birth and addresses of the individuals who would become heir to the assets;
• The particulars of your assets and liabilities;
• The specifications of who gets what;
• The name of the perpetrator/administrator of the will.

An added benefit of fabricating a will is that you can make certain the future of your minor children with its help. It is quite simple; all you need to do is cite the name of the individual who would be appointed as a custodian for the child in the case of your death. You could also leave some fraction of your property for the child's rearing.


Another significant aspect while hiring a planning lawyer is the traits of the same so as to judge whether he is competent of designing a good will or not. An estate planning lawyer California should be professional. Being state-licensed and having an everlasting list of work experience isn't the only thing you should be looking for. He should emerge and actually take the job sincerely. The work chemistry between the both of you must be similar in temperament. He must also be capable of counseling and giving you appropriate advice on the subject matter, but still respect your judgments and wishes.

A proficient estate lawyer is also a good listener, open-minded to what you have to say, and take it into contemplation before replying to your statements and questions. In some way, you should be able to think of him as your associate, helping you out in the best way he possibly can. Next aspect a good estate planning lawyer California should have is commitment, in the sense that he takes his profession seriously, as well as his clients.

How a California estate planning attorney can help you ensure the best future for your family?

Every resident of the Golden State, which is California, should do estate planning. As some basic strategies, you should execute a last will and testament; establish a healthcare proxy and should designate the power of attorney rights. If your estate has high value, establish a trust which will protect inheritance assets. And all these planning strategies must comply with state and federal laws. California has some of the most complex probate laws in the country, so it will be best to work with a qualified California estate planning attorney.

A qualified California estate planning attorney can help you settle estates that are not protected by a trust. These processes vary, depending on if the decedents were engaged in estate planning procedures, prior to death. When individuals die without leaving a will, the estate settlement process requires additional time. This exposes the estate to a high level of creditor claims and the potential heirs to contest the will.

The last will and testament provides directive about how the estate assets should be distributed. It is also used to appoint a personal representative who is charged with duties required to complete estate settlement process. Without these written directives, the estate is settled according to California probate code. In California, estates appraised with values of less than $100,000 are usually exempt from probate if a legal will has been executed and filed through court.

The estate undergoes a compulsory 40-day waiting period to avoid probate. Afterward, the personal representative must present a legal affidavit to the court before distributing inheritance gifts to designated beneficiaries. When decedents do not leave a will, the estate is required to undergo a probate proceeding to determine rightful heirs. Contesting a Will can freeze assets in probate for months on end. This act can force personal representatives to sell inheritance assets to cover legal expenses. Defense fees can easily bankrupt small estates and leave nothing for designated beneficiaries.

In addition to protecting assets, California estate planning attorney can offer the most effective strategy for establishing healthcare proxies. This document allows a person to document the type of medical treatment they do or do not want to have if they are incapable of making decisions due to illness or injury. Healthcare proxies include 'Do Not Resuscitate' (DNR) orders, as well as providing directives regarding life support and delivery of nutritional intravenous feedings.

Estate planning is also used to grant the Power of Attorney rights. POA is an important decision that should not be taken lightly. The person granted with POA powers should be someone who can be trusted to make smart financial decisions or difficult decisions on your behalf if you become incapacitated. California estate planning attorney can plan strategies which will be one of the best gifts to behind. Without written directives, decisions surrounding your estate will be left to the courts and chances are they won't be what you would have wanted. Also putting everything in order will reduce family discord and allow for efficient distribution of the inheritance.