The word “probate” often causes a severely negative reaction. For many people — especially those with large estates — estate planning attorneys recommend keeping property out of probate whenever possible. The probate system was ultimately established to protect property, and protect those people entitled to inherit it. In a few cases, probate may even work to an advantage. Let’s look at the pros and cons of going through probate.
It is very important to avoid probate. You may think that a Last Will avoids probate after you pass away – but it does not. Everyone pictures a scene out of a movie where the executor reads the Will to the family, and then everyone gets their inheritance. It is never that simple! Unless your estate is valued at less than $184,500, the Probate Court must be involved when you use just a Last Will to distribute your assets after you pass away.
There are different ways for people in California to own real property, such as land or a house. California real property can be held by a sole owner or by co-owners. Co-ownership involves two or more persons acquiring and holding title together.
Given the complexities of most estate plans, you’ll want to work with a qualified estate planning attorney. You may also find it helpful to work with other professionals, such as a financial planner, an insurance agent, or an accountant. But your attorney should always be the one who prepares your estate planning documents.
Should you create a last will or a living trust? In determining if you should create a last will or a living trust, it is important to understand what happens after you pass away, including the legal considerations, the role of your executor, and the distribution of your specific assets.
A document that I often prepare for my clients as an essential part of their estate plan is the Advance Health Care Directive. This document is important so your wishes regarding medical decisions and end-of-life decisions will be known to your loved ones and medical providers.
A durable power of attorney allows your property and financial affairs to be managed the way you want in the event you become incapacitated.
A pourover will is a will used in connection with a trust. A pourover will is like any other will, except that the primary beneficiary is your living trust.
One of the biggest decisions you will make when creating your living trust is choosing your successor trustee. I always tell my clients it is important to select a successor trustee they count on, as that person will ultimately be responsible for protecting and distributing your assets to your loved ones.
After the pandemic in 2020, the popularity of people preparing their own wills grew. As many of us realized after the pandemic, it is more important than ever to put legal affairs in order. While I always recommend contacting a lawyer to prepare your estate planning documents, if you decide to prepare your own last will, here is some helpful information that would have saved my past clients a lot of grief.