Common Estate Planning & Probate Questions
Counsel from a Sonoma County Estate Planning Lawyer
Gullotta Law Group, we are dedicated in making the legal concepts of estate planning and
probate more understandable to our clients. We will take you through the
steps involved while maintaining a continuous level of communication and
involvement with you. To those in need of creating a well-drafted
estate plan, we offer a flat rate for our services.
In a further attempt to assist the individual needs of our clients, we
have decided to include a list of common questions about estate planning
These questions include the following:
What happens when a person dies without a will?
When someone dies without a will in California, their estate goes through the
probate process. Probate court is responsible for appointing a trusted individual to manage
the affairs of the deceased and make sure that the estate gets properly
distributed. The appointed individual follows the state intestacy laws
that serve as a guideline when going through the distribution process.
How can probate be avoided in California?
In order to save your loved ones the hassle of going through the
probate process, you can create a living
trust with an estate planning attorney. Once you create this trust document,
you may elect a trustee to distribute the assets held within the trust
once you pass away without having to go through probate. It is important
to understand that you must individually transfer your valuable assets
into the trust for them to be included. The property that is not transferred
into this document is then distributed and handled through the probate process.
Can a power of attorney include multiple agents?
Yes, you may elect more than one agent within your
power of attorney. If you decide to appoint more than one agent, you must then figure out
whether you want them acting alone or together. Having them act together
may be helpful in which they can make sure that neither one is taking
advantage of their power; however, it can be difficult when they do not
agree with one another. It may also be beneficial to elect more than one
agent in which one can serve as a backup if the other cannot fulfill their duties.
Who can serve as my agent within a power of attorney?
It is important to select a trusted individual to act on your behalf.
If you become incapacitated, they are in charge of making important decisions
for you. You can select your spouse, child, family member, loved one or
someone close to you as your agent. It is important, however, to understand
who you cannot select as your agent. This includes an employee of a community
/ residential care facility, a health care institution employee, or your
Do I need an estate plan?
No matter how big or small your estate may be, it is always important
to have an effective
estate plan set up. This way, you are able to prepare for the future and keep your
loved ones and property well-protected. If you were to become incapacitated
or could not make important decisions for yourself, an estate plan makes
sure that you and your estate stay under proper care. An estate planning
attorney can reflect your wishes and requests into a binding and personalized
estate plan for your needs.
Have more questions? Contact a Sonoma County estate planning attorney!
If you are in need of legal counsel for your estate planning and probate
needs in Sonoma County and Santa Rosa, Gullotta Law Group is here for
you. We are dedicated to providing our clients with the knowledge and
legal tools needed for their individual case.
Our goal is to keep our clients involved throughout the legal process and
make sure that we reflect their needs with the representation provided
to them. Whether you want to get started with a qualified attorney or
you have questions in the matter, our firm can assist you.
Contact Gullotta Law Group
to discuss your legal needs immediately!