FAQ

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 physician.

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.