Chula Vista Estate Planning and Probate Lawyers
Helping Clients Plan For The Future in California
Building an effective estate plan is essential to protecting your and your loved ones’ futures. Who will receive your property after you pass away?
Who will take care of your children? Who will work to ensure your wishes are honored, and what will happen if you become so ill you cannot advocate for yourself? Properly validated estate planning documents provide legally enforceable answers to all of these questions, protecting your interests and giving you peace of mind.
Our Chula Vista estate planning lawyers at The Sexton Law Firm can help you plan for your future. We can listen to your goals and guide you through innovative legal solutions that can help accomplish them. We are also experienced probate attorneys.
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Start building your estate plan by calling (619) 202-8976or contacting us online.
The Importance of Having an Estate Plan
Many mistakenly believe that estate planning should only be considered as you grow
older. The truth is that people of all ages benefit from a robust
estate
plan,
as
an accident could render you unable to communicate
at basically any time.
Taking the proactive step of preparing what you wish to happen in a variety of scenarios
– including your passing – can work to protect your and your loved
ones’
interests
and avoid unnecessary hardship.
The benefits of having an estate plan include:
Control who inherits your assets
- When someone fails to create an estate plan, they lose control of what happens to
them and their property once they become incapacitated or pass
away.
Those
who die
without a valid last will and testament in
place will
have their property
become
subject to intestacy laws.
Assets will be
divided proportionally amongst
a surviving
spouse,
children, parents,
and/or siblings. You will have no say
in who gets
what,
and you will
also have no input in who will take guardianship
of your minor children.
Avoid costly and time-consuming probate
- Contents of your will are a matter of public record, and disputes can often erupt
when loved ones are frustrated about the document’s directives.
This
can lead
to
protracted conflicts in probate, delaying the
disbursement
of funds or assets
and
placing an additional burden
on your already
grieving family. You can use
trusts
to shield
property from the probate
process and avoid costly and exhausting
legal battles.
Dictate care for yourself and loved ones
- You can set up documents that can help you designate a power of attorney to make
decisions on your behalf, medical decisions in the event you
are incapacitated,
and
provide instructions on who will care
for your young children.
Make sure that you have a full suite of estate planning documents that provide the
most possible protections for you, your assets, and your loved ones.
Our
attorneys
can guide you through the documents you need to achieve
your
goals and help
ensure
that the documents are legally enforceable.
Our Estate Planning Services
Our firm offers a full range of estate planning services. We are prepared to help
you plan for what will happen to your and your assets after you are gone as well
as ensure your interests are protected while you are alive.
Our Chula Vista estate planning and probate attorneys can help you with:
-
Wills. A last will and testament allows you to appoint a personal representative to manage
your estate, designate a guardian to care for your minor children, and name
beneficiaries
to your property. Wills must be properly formalized, and its contents
can be subject
to probate. We can help you draft, update, and validate your will.
-
Trusts. Trusts are a powerful and flexible instrument of estate planning. They come in
several forms and confer numerous benefits, including the avoidance of some
estate
taxes and probate, enhanced privacy, increased control and protection.
We can help
you explore trust options that suit your estate planning goals and
incorporate
them
into a broader estate plan.
-
Guardianship. Guardianships are established when a minor child is without parents who are able
to care for them. Adults with disabilities can also sometimes warrant guardianships.
We can help you petition for guardianship and ensure you obtain the legal permissions
you need to properly care for your loved one and their interests.
-
Powers of Attorney. Medical and financial powers of attorney can be appointed to take action on your
behalf in situations where you become incapacitated or unable to communicate.
You
can determine the scope of a power of attorney’s responsibilities and guide
critical
medical decisions through advanced healthcare directives. We can help
you select
appropriate powers of attorney and file the appropriate documents
to make your
appointments official.
-
Special Needs Trusts. Individuals with special needs require tailored estate planning tools that provide
them with security and support without disqualifying them for public disability
benefits.
We can help you explore and establish special needs trusts.
What Are Two Key Documents Used To Prepare An Estate Plan?
At The Sexton Law Firm, we emphasize the importance of two key documents in estate
planning: the
will and the
living trust. These documents work together to create a comprehensive plan for managing your
assets and ensuring your wishes are fulfilled.
Together, a will and a living trust provide a robust framework for protecting your
assets, minimizing legal challenges, and preserving your family's privacy. Our experienced
Chula Vista estate planning attorneys are ready to guide you through the process,
customizing your estate plan to meet your unique needs and goals.
What Is Probate, and How Much Does It Cost?
Probate is a legal process that occurs after someone passes away, during which a
court oversees the distribution of the deceased's assets to their heirs and beneficiaries.
It involves validating the will, if one exists, paying any debts and taxes, and
distributing
the remaining assets according to the will or state law if no will
is present. In
California, probate can be a lengthy and costly affair, often lasting
several months
to over a year.
The costs of probate in California include court fees, which can range from a few
hundred to several thousand dollars, depending on the estate's value. Attorney fees
are typically calculated as a percentage of the estate, often resulting in significant expenses.
To minimize the financial and time burdens of probate, proper estate planning is
crucial. Tools such as living trusts can help bypass probate entirely, allowing
for
a more efficient asset distribution process. The Sexton Law Firm can assist
you in
crafting an estate plan tailored to your needs, ensuring a smoother transition
for
your loved ones. To secure a consultation with an experienced probate attorney
near
you in Chula Vista, contact The Sexton Law Firm by dialing (619) 202-8976.
Our Chula Vista estate planning and probate lawyers at The Sexton Law Firm have substantial
experience helping individuals and families prepare for their futures. We understand
how effective estate plans are built and can help you avoid common mistakes, including
those that can result in extended probate conflicts.
Our team can also evaluate any existing estate planning documents to identify potential
vulnerabilities and recommend any necessary updates.
Commonly Asked Questions
What is the difference between a will and a trust?
A will outlines how assets are distributed after death and requires probate, while
a trust allows a trustee to manage assets during and after
life,
avoiding
probate.
Trusts offer privacy, can provide
for incapacity,
and give more
control over
when
and how assets
are distributed,
unlike wills, which
are public.
Can I change my estate plan once it is created?
Yes, you can change your estate plan at any time to reflect life changes or new wishes.
This includes updating wills, trusts, or other documents
to align
with
new
assets,
relationship changes, or shifts
in your goals.
Regular reviews
ensure
your plan remains
current
and effective.
What happens if I die without an estate plan?
If you die without an estate plan, California's intestacy laws dictate asset distribution,
which may not match your wishes. This process can be lengthy,
costly,
and public,
causing stress for loved ones. The state
also appoints
a
guardian for minor
children,
possibly someone
who is not your
preferred choice.
How often should I review my estate plan?
Review your estate plan every 3-5 years or after significant life events like marriage,
divorce, birth, death, or acquiring new assets. Regular updates
ensure
your
plan
aligns with your current wishes and circumstances,
providing
peace of
mind for you
and your loved ones.
Can I designate a guardian for my children in my estate plan?
Yes, you can designate a guardian for your minor children in your estate plan. This
ensures they are cared for by someone you trust if you pass
away,
providing
peace
of mind that they will be raised according
to your wishes.
Helpful Resources
Call(619) 202-8976or contact us onlineto discuss your estate planning goals in a free consultation.
