4 Basic Documents For Estate Planning In California
Without an estate plan, no financial strategy is actually complete. Your estate consists of everything you own, including your home, car, belongings, and money. You must plan what will happen to your estate after your death. Nobody enjoys thinking about their own mortality, but without a well-thought-out estate plan, transferring your assets may have some unanticipated unfavorable effects.
It is significant for this reason. But it can also be a little perplexing. Many people may find it challenging to completely grasp the requirements of their estate plan, from the detailed legal documentation to the difficulties of optimizing the legacy left to your heirs.
Here are some of the crucial estate planning documentation you need, as advised by prescreened Los Angeles estate planning attorney:
1. Last Will And Testament
When you consider this entire process, a last will and testament is often the first thing that comes to mind. This document specifies who you want to receive your assets upon your passing and helps to ensure they are divided fairly when the time comes.
Additionally, a will is something that may be drafted whenever you choose; waiting till you're older might be a mistake. If you have young children or pets now, your will should specify who you want to take care of them in the event of your incapacity. You should probably consider creating a will as soon as possible.
That said, wills require you to organize your assets and phrase your thoughts in a way that's understandable to anyone who reads it. Lack of clarity in wills leads to loopholes, disputes, and confusion should the time comes that it needs to be executed. To ensure the legal side of things, consult a Los Angeles estate planning attorney ASAP.
2. Power Of Attorney
A power of attorney enables you to appoint someone to manage your finances if you cannot do so. Although there are several distinct kinds of POA, they may all be categorized into one of two categories:
General power of attorney. This enables you to appoint someone to represent you in all circumstances, including legal, financial, and medical ones. A limited power of attorney legally gives someone the power to represent you in certain situations.
Limited power of attorney. Since there is no spouse to instantly step in to serve in this capacity, a POA is particularly crucial for single people. If you don't have a power of attorney and are single, the court will decide who should be your guardian. The court may choose someone you don't think is the best choice.
3. The Health Care Directive
A power of attorney and a health care directive both serve similar purposes. The distinction is that a health care directive tackles your medical decisions. In contrast, a power of attorney typically handles your financial decisions.
In this category, there are two primary documents:
A living will is a document that outlines your healthcare preferences if you become incapacitated. For instance, a living will can instruct medical professionals on what kind of care you can or cannot get based on your personal or religious convictions.
A medical power of attorney, commonly referred to as a health care proxy, is specified in the second document. If you become disabled, this person makes medical choices on your behalf.
These contracts should be in place to ensure that you are cared for exactly as you plan, especially if your family members are uninformed of your genuine preferences or disagree about your care.
4. Trusts
Trusts are essential to estate planning, even if they aren't technically documents. There are three main categories of trusts, and the person creating a trust can specify the precise terms and timing of how and when beneficiaries receive the trust's assets:
Revocable trusts, usually living trusts, can prevent the legal process of transferring your estate, known as probate. Probate may be a drawn-out, costly, and open process, which makes it difficult for your heirs to manage your inheritance. You can find a living trust lawyer in Los Angeles to help draft your revocable trust.
Irrevocable trusts might lessen your exposure to estate taxes. Once property is added into the trust, it cannot be removed or changed. They have essentially been removed from your estate, which can spare you from paying estate taxes on such assets.
A testamentary trust, another type of trust, can also be established by your will. However, a testamentary trust's assets aren't immune from probate. Again, talk to your estate planning attorney in Los Angeles about your unique circumstances, as trusts can be complicated and aren't suitable in every instance.
Do you need an Estate Planning Attorney in Los Angeles? 1000Attorneys is a State of California Certified Estate Planning Lawyer Referral Service that can refer you to a prescreened California lawyer in minutes. Contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.
