ESTATE PLANNING

Estate Planning

Estate planning can help you document your wishes, prepare for incapacity, and provide guidance for the people you care about. The right plan depends on your family, assets, goals, and applicable California law.

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San Diego residence representing estate planning

Create a Living Trust

A revocable living trust may be an important part of an estate plan for some people. We can help you evaluate whether it fits your goals and circumstances.

When properly prepared and funded, a revocable living trust can help manage assets during life and incapacity and may help avoid probate for assets held by the trust after death. Whether a trust is appropriate depends on your individual circumstances and applicable law.

Creating a trust is only one part of the process. Assets generally need to be reviewed and, when appropriate, transferred or coordinated with the trust for the plan to work as intended.

Estate planning strategies may help reduce or avoid probate for certain assets and circumstances, but no plan can guarantee a particular outcome. A consultation can help identify options and create a plan that reflects your goals.

Your Last Will and Testament

A will can state your wishes for property distribution and nominate guardians for minor children, subject to court approval and applicable law.

A last will and testament can name an executor, direct how property should be distributed, and nominate a guardian for minor children. A trust may also be used to set terms for managing or distributing assets, depending on your plan and circumstances.

Power of Attorney

A durable power of attorney can authorize a trusted agent to handle financial and legal matters on your behalf, within the authority you choose to grant.

Your Healthcare Plans

Advance health care planning can help communicate your medical wishes and identify someone to make health care decisions if you cannot speak for yourself.

Advance health care directive documents can state your treatment preferences and designate a health care agent to make decisions when you are unable to do so. Your plan can also address access to medical information, subject to applicable law.

Without clear health care planning documents, loved ones may face uncertainty about your wishes and authority to act. The legal process and available options depend on the circumstances and applicable law.

Guardianship of Minors

Parents can nominate a guardian for minor children in an estate plan. A court makes the final appointment based on the child’s best interests and applicable law.

A guardian nomination can provide important guidance about who you would want to care for your child. Depending on the circumstances, additional documents may help authorize trusted adults to make decisions for a child in an emergency.

These planning choices can help provide direction for the people you trust to care for your children. They do not replace the court’s role or guarantee a particular outcome.

Ready to discuss your estate plan?

Schedule a consultation with The Law Offices of Brianna Bocian.

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