February 6, 2012

Do You Have a Will? Is it Current?

updated willIf you have a will and it has been revised within the past ten to twelve months, then you may want to pass on reading this article.  However, if you do not have a current will, we encourage you to read more.

Most people do not have a will.  You might even fall into the group of ‘most people’, but don’t take comfort in that if you do.  Here are just a few of things that can happen if you die without a will:

  1. You give up the right to decide who inherits your property.  Instead, the State of California has decided for you.
  2. You give up the right to decide who will manage your estate and raise your children.  Under California state law, the courts can grant these powers to any ‘suitable’ person.
  3. Your heirs could lose a substantial portion of your estate to federal and state taxes.

Even if you do have a will, it may not be adequate if there have been changes in your marital status, state of residence, income, net worth, or if new family members have died or been born since your will was written or last amended.

Also, as recently as December 2010 we saw multiple changes in tax and estate laws that could have a substantial impact on your estate.

If you don’t have a will or if you have questions or concerns about your current will then call attorney Judd Matsunaga at Elder Law Services of California for a free consultation to discuss your estate planning needs.  This consultation will be completely free of charge.  If at the end of the consultation it is determined that there are changes or ammendments that could and should be made to benefit your estate then you can decide whether you would like to implement those recommended changes or not, no obligation.

In addition to wills, Elder Law Services of California can also help with family trusts, living trusts, powers of attorney, family partnerships, asset protection, California Medi-Cal planning, retirement planning and most other legal and tax strategies to help you achieve your estate planning goals.

We look forward to speaking with you soon.

Are You Paying for Nursing Home Care?

Judd Matsunaga can help you qualify for Medi-Cal. Call Elder Law Services of California at 1-800 403-6078 for a free consultation. Remember, only an attorney can give legal advice.

Judd Matsunaga Bio Update

Judd Matsunaga, founding partner of Elder Law Services of California is a member of the State Bar of California, the Los Angeles County Bar Association, the National Academy of Elder Law Attorneys, California Advocates for Nursing Home Reform, California Association of Realtors, Beverly Hills Greater Los Angeles Board or Realtors, National Notary Association, Southern California Golf Association, and the Better Business Bureau.

Estate Planning in California

Through the use of Living Trusts, Wills, Powers of Attorney, Living Wills, Irrevocable Trusts, Family Limited Partnerships, and Charitable Gifting Strategies, Elder Law Services of California helps families preserve their wealth for future generations, minimize estate taxes, and avoid the expense and headaches of probate.

When it comes to estate planning, one of the most common concerns is how to properly manage estate taxes. Elder Law Services of California will help you plan for inheritance and all tax issues related to inheritance. Elder Law Services of California will make sure you have a plan that protects you and your family for years to come. Depending your your needs, we may use a combination of the following estate planning tools to define your estate plan:

Wills: A simple will may be enough to protect your interests and provide for your family. We will let you know what a will can do for you.

* Trusts: There are a variety of trust options available for individuals and families, including revocable living trusts, irrevocable trusts, special needs trusts for the benefit of any disabled person, trusts for the benefit of children, and trusts for the benefit of pets.

* Financial Power of Attorney: By establishing a power of attorney, you can put your assets, finances, and even health care decisions in the hands of someone you trust.

* Advance Health Care Directive: You may reach a time when you are not in a position to make a decision regarding your own health care. By establishing a health care directive, you can make sure your best wishes are honored.

* Asset Protection: There are a variety of asset protection options beyond traditional wills and trusts. We can help you explore the possibility of incorporation or LLC and LLP formation for estate planning.

* Guardianships and Conservatorships: We help families obtain guardianships and conservatorships for loved ones who are no longer able to care for themselves and their property or make sound legal decisions.

* Durable Power Of Attorney: You may request that we draft a durable power of attorney which is awritten legal document that lets you esignate another person to act on your behalf, even in the event that you become disabled or incapacitated.

Probate

Probate is a legal process for settling an estate in accordance with the will of the deceased. Assets owned and registered in the individual name of the deceased that do not already have a beneficiary—including cash, investments, personal property, and real estate—make up what’s called the “probate estate.” These assets are controlled by the will and “pass through” the probate process in order for ownership to be transferred. All other assets “pass outside” the probate process.

Size of Estate

The manner in which estates are settled varies from state to state, but options also vary according to the estate’s overall value. A large estate generally involves having the state’s probate court validate the will or certify that the deceased died intestate which means ‘without a will’.

Settling a large estate also involves fulfilling other administrative matters, called “probating the estate.” Sometimes smaller estates can be settled through a more informal means of administration.

Elder Law Services devoted to handling our clients’ advanced estate planning needs. If you have questions regarding the planning of your estate, or if you are about to start planning your estate, it is in your best interest to speak with a qualified attorney.

Call the estate planning attorneys at Elder Law Services of California today at (800) 403-6078 or send an e-mail to info@ elderlawcalifornia.com , and we will contact you to set up a free, initial consultation.