Many people have heard “If you have a Will or a Trust, can prevent too many problems if you die, so make sure to have one” the theory about the statement is right. Everyone should have at least a Will, a better idea is to have a Will and a Trust. These documents will set forth whatever you desire to happen with your estate after you die. Now, some things need to happen – a notification to governmental agencies, debt payments, or any other than that, simply speaking, you will set the names of your beneficiaries and what they will receive in your Will and Trust. It is very imperative that your situation warrants something other than the regular equitable distribution between your children and/or beneficiaries.
A well done Will and Trust is key. Sadly, there are numerous opportunities in the process of preparing a Will and Trust for mistakes to be made – mistakes that will cause a lot of issues long after you are gone. Using fill-in-the-blank forms welcomes missing information and changes your intent when read by an attorney or judge after the fact. Using a non-attorney document preparer who forgets to include clauses necessary to effectuate your intent. Using a template online that you did not know was meant for a different state. Forgetting to include some of your assets because you mistakenly thought they already had a beneficiary designation. The list of possible pitfalls can go on and on.
Our Roseville estate planning attorney at The Sterling Law Group, A P.C. not only makes estate plans for each one of our clients, but also litigates the ones that were defective in different ways. Meaning, we know the mistakes we need to avoid more than attorneys who have never stepped foot in a courtroom. Our attorneys evaluate your situation and prepare a plan that will satisfy your intent making sure it won´t be any problem leading your beneficiaries going to a courtroom.
Our estate plans are comprehensive and will include:
We can add into your plan your interests in a business, any house or property you may own, timeshares, etc. We also create assignments to Trust for your most valuable assests, fine art, fine jewelry, collectible cars just to mention some. We consider every single aspect of your estate to construct your plan..
Once you have an estate plan in place, we can update it as often as you wish. Although California law states that an Advance Health Care Directive, Durable Power of Attorney, and HIPAA Release are effective upon signing and until you revoke them, we have clients who have encountered a great deal of resistance from a health care provider or financial institution when presented with “older” documents. Therefore, we recommend that you “refresh” your Advance Health Care Directive, Durable Power of Attorney, and HIPAA Release at a minimum every 3 – 5 years.
The making of your plan will consist of an initial appointment, completion of an estate questionnaire, review of drafts, possible additional appointment to clear up any questions or concerns, a signing appointment, and receipt of the deed(s).
At The Sterling Law Group, A.P.C. our Roseville estate planning attorneys are ready to help with your estate planning needs or litigation in case need it. Don´t hesitate to contact us now and schedule a free consultation at (916) 790-0852.