The Purpose of Estate Planning

There are default laws in California that will dictate how your assets are divided at your passing.  An estate plan will help you to say where your assets go, and to whom.  An estate plan also helps in the case of incapacity, so that your life obligations still happen even if you are unable to personally manage them.   Typically, an estate plan will contain: 1) a will, 2) a trust, 3) advanced health care directive, and 4) a power of attorney.  

Why probate is not necessarily a bad thing

Having a will does not keep you out of probate court.  Probate is when the court reviews all of your assets, creditor obligations, and then divides the assets between creditors and beneficiaries.  If someone dies without a will (intestate), there are default laws in place to determine how the assets are divided.  If someone dies with a will (testate), then they decide how their assets are to be divided.  Both of these typically go through, what is called Probate, involve the Courts and usually take a year or more to final distribution.  

Probate is good when there is need for Court involvement because of family dynamics.  The Court will supervise the process to make sure division is fair and equitable according to the law.

Avoiding Probate

A trust is a good way to avoid the need to have the Court involved in the division of your assets.  While there are times trusts will need court involvement, typically a trust can be done privately.  The benefits of avoiding probate include your assets not be included in public records, and not having the distribution delayed by the Court's schedule.  A typical probate can last about 12-18 months.  

The Law Offices of Sabrina M. Johnson would like to help you find the best fit for your wants and needs.