Costa Mesa Wills, Trusts & Estate Planning Lawyer

Costa Mesa Wills, Trusts & Estate Planning Attorney

It is important to plan for the future. A Costa Mesa wills, trust, and estate planning lawyer can help you ensure your assets are protected upon your passing.

The dedicated legal team at Engels-Janzen provides estate planning assistance to communities in Orange County and Los Angeles County. We are here to help you achieve peace of mind through the creation of wills and trusts, and fight to ensure that you are successful when going through probate court.

Estate Planning in California Explained

Estate planning is a legal recourse available to California residents who wish to protect their assets upon their death. Upon a person’s passing, assets are distributed in accordance with California intestate succession, going to the person’s spouse and children or to next of kin if no spouse or child is left behind.

Creating a will or trust before death is one of the ways you can control how your assets are distributed, especially if you want to afford specific members of your family assets they may not be entitled to through intestate succession, or if you want to share assets with non-family members or entities.

Wills and Trusts

A will is a document that dictates who a living person wants their assets to go to upon their death. With a living trust, a trustee is named to manage assets of a beneficiary during the lifetime of the settlor (the owner of the assets) and after their death. It is also possible to set a testamentary trust which is established as part of a will upon the death of a person.

Assets that are marital property are left to spouses upon a person’s death. Additionally, assets for which a beneficiary has been named also fall outside the scope of a will or a trust since these are to be distributed to the named beneficiaries.

Guardianship, advanced directives, and power of attorney documents are also matters that are handled under estate planning and are used to provide directions for or give rights over the care of oneself, one’s children, or other legal or financial matters if a person is incapacitated or unable to make decisions while living.

The Role of Probate in Estate Planning

A probate process is set in place to handle the transfer of assets upon a person’s death. It helps ensure that orders are executed in accordance with the law, that any required taxes are assessed, and that property titles are adequately transferred.

Simplified procedures are available when estates are below a certain amount or for assets that are part of community property or have a named beneficiary. In these cases, it may not be necessary to go through probate. Larger estates, even if they are structured under a will, may need to go through the probate process, leading to a public record of a person’s finances.

A benefit of creating a living trust is that the management or distribution of assets may be done outside of court, thus keeping the process private. It may also be necessary to go through probate court if an individual suspects a trust executor of mismanagement, or if there are assets or property that they believe should have been inherited by them.

Ways a Costa Mesa Wills, Trust, & Estate Planning Lawyer Can Help

Court judges or staff cannot provide legal advice regarding estate planning. It is thus recommended that you speak with a knowledgeable wills, trust, and estate planning lawyer who has worked with clients in your area. At Engels-Janzen, our legal team can assist in various estate planning matters, including:

• The drafting of legal documents like wills, trusts, guardianships, and advanced directives, ensuring they are in compliance with state law.
• Ensuring that assets are adequately distributed or managed in accordance with a will or trust.
• Challenging an executor if you believe they are mismanaging a trust.
• Advocating for your rights if you believe you are entitled to a person’s assets after they have passed away.
• Assisting in evaluating the value of your estate and understanding the tax implications related to trusts and wills.

Working with a seasoned Costa Mesa wills, trusts, and estate planning lawyer is a decision that can lay the foundation for an adequate, hassle-free transfer of assets to your loved ones.

FAQs

What Are the Advantages of Estate Planning?

The advantages of estate planning are numerous. You do not have to have a certain amount of wealth to benefit from estate planning. One of the benefits of a will is that it provides peace of mind to your loved ones, guaranteeing that they will be taken care of upon your death, especially if they are not entitled to any assets without the will.

Can You Do Estate Planning Without a Lawyer?

It is possible to do estate planning without a lawyer in Costa Mesa. However, it is highly advised that you consult a seasoned estate planning attorney to help you with the process. A family law attorney can advise you on the most adequate tool you can use to protect your assets, as well as any tax implications or potential probate issues.

What Do Estate Planners Charge?

What estate planners charge depends on multiple factors. Where they practice and their years of practice make a difference in the cost of an attorney. Details of your case, including the value of your assets and the depth of planning you need help with, may also affect what an estate planning attorney charges.

What Happens If You Die Without a Will in California?

If you die without a will in California, your assets should be distributed in accordance with intestate succession, meaning that your spouse and children inherit your assets. Otherwise, your next of kin is entitled to receive your assets. Assets that are community property or have a named beneficiary may be distributed differently.

Receive the Guidance of a Trusted Costa Mesa Wills, Trust, and Estate Planning Lawyer

Estate planning can sometimes feel complicated, but it is necessary to ensure financial security and peace of mind for your loved ones once you are no longer with them. A trusted Costa Mesa wills, trust, and estate planning lawyer can answer any questions you may have about estate planning.

At Engels-Janzen, we assist clients with multiple aspects of estate planning, including drafting wills and trusts and handling matters of probate court. Schedule a free consultation today to learn more about your estate planning options.