Estate planning might seem complex, but essentially, these documents provide clear instructions for your loved ones about what actions to take and when.

At Mansoor Law Firm, we strive to simplify this process as much as possible. For instance, if you have minor children, your estate planning documents will specify who you appoint as their caregiver in the event something happens to you. Similarly, if you were to become incapacitated due to an accident, these documents will designate who makes decisions on your behalf, avoiding uncertainty.

When you pass away, a well-structured estate plan can reduce or eliminate uncertainties regarding your assets for your loved ones and minimize potential conflicts and strain on relationships. Without an estate plan, the State of California will impose its own plan, which may not align with your wishes.

A trust is a legal arrangement in which one individual, known as the trustee, holds legal title to property for the benefit of another person or persons, referred to as the beneficiary. In the case of a living trust, you can act as both the trustee and the beneficiary, maintaining full control over your property during your lifetime.

Upon your death, your property seamlessly transitions to a “successor trustee,” a person you appoint to handle your trust after your death. The successor trustee is responsible for distributing your assets to the beneficiaries you have specified, thereby bypassing a long and expensive court-mandated process known as probate, which is required in California if you only have a will or no will at all and assets above a minimal amount. Sometimes called a “revocable” living trust, this arrangement allows you to modify or dissolve the trust as needed while you are alive. For many individuals, a living trust is a fundamental component of a comprehensive estate planning strategy.

Your love for your children is limitless, but what happens if you’re gone? How can you make sure, while you are alive, that they will be safe, and loved, and raised the way you want? As a parent of young children, I completely understand this concern. The solution is to name a guardian in your will or a standalone document. You can even create this document yourself; just Google “guardianship form California” for guidance. Depending on your state, there may be notarization or execution requirements that you must fulfill. It's also important to know there are two types of guardians: a financial guardian and a custodial guardian. They do not have to be the same person.

Contact us today if you need assistance with this process.

A comprehensive estate plan will address both your medical care and financial management in the event that you are incapacitated. Two essential documents can fulfill these needs.

The first is an advance healthcare directive, which often includes a living will. This document provides instructions for your medical care and designates an individual to make healthcare decisions on your behalf if you are incapacitated.

The second is a durable power of attorney, which appoints a trusted person or institution to handle your financial affairs should you be unable to manage them yourself.

While do-it-yourself forms might seem like a cost-effective and quick solution, they often lead to significant issues. These include: 

• Outdated language that may not comply with current laws 
• The failure of the documents to properly interact with each other, causing conflict that can potentially throw your estate into litigation 
• Neglect of state-specific requirements—estate plans must be specific to California to ensure that they will be valid
• Improper execution—state laws vary on how the forms are signed and executed, the process used by your form provider may be inadequate 
• Assets that are left out can require probate—which is exactly what you were trying to avoid by creating an estate plan 

For a robust and reliable estate plan, consulting an experienced estate planning attorney is recommended to ensure that your plan is valid, effective, and tailored to your specific needs.

The answer is: it depends.

Imagine you were looking to buy a high-quality pair of shoes. There are hundreds of options on the market, and they all claim to be selling an excellent pair of shoes. But you are wiser, and you know that quality, comfort and durability can vary significantly. The same idea applies to estate planning. You can find cheap templates online for just a few hundred dollars in some cases. But like a quality pair of shoes, will these documents prove to be durable when you need them? Online forms are often one-size-fits-all and may not cover all your specific needs, or even work in your state. The separate documents may conflict with one another. And they do not offer personalized advice or education on estate planning, which means you might miss important details that are relevant to you.

If you are here and you are thinking about estate planning, then protecting your family’s future is likely important to you. A comprehensive estate plan created by an attorney specializing in estate planning probably makes the most sense. Contact us today to find out more. As for cost, it just depends on what you need. We are transparent about our pricing and will provide you with a flat-fee quote during our first meeting. We do not charge by the hour for an estate plan, so there are no surprises.

Click here to learn more about pricing.

Probate is a legal process supervised by a specialized probate court to manage the distribution of an individual’s assets to their beneficiaries following their death, after settling any outstanding debts, fees, and taxes. This process can be long and often burdensome, frequently extending up to two years and can incur significant costs, typically amounting to 4-8% of the total value of the estate. Probate proceedings are also public, exposing personal affairs to court records and public scrutiny. To mitigate these expenses, time delays, and potential public exposure, as well as to reduce the risk of legal challenges, many individuals seek to avoid probate by completing a comprehensive estate plan.