If you’re interested in planning for the future, it’s best to find an experienced estate planning attorney who can help. These types of attorneys specialize in wills, trusts, and other areas of estate planning. Here’s how to find a lawyer for wills and estates.

How to Find a Lawyer for Wills and Estates

Planning for the future is important.

Estate planning is all about planning for the future in a way that legally ensures your assets go to the right people after your death. Trust and will attorneys specialize in a variety of estate planning topics and will help you set up an estate plan for you and your family.

Related: What is an Estate Plan? (And 10 Reasons You Need One)

If you don’t set up an estate plan before you die, some of your wishes may be inadvertently overlooked. The financial aspects of your estate will become much more difficult to deal with it. In some cases, loved ones may even disagree on your wishes or fight over resources left behind by the estate.

Naturally, this can create incredible stress and turmoil for the people you leave behind. This is why it’s important to find a lawyer who specializes in the area of estate planning you’re interested in exploring. If you’re interested in setting up a trust, you will want to look for a trust attorney near you.

Here’s how to find a lawyer for wills and estates…

How to Start Your Search

The first and most important step in learning how to find a lawyer for wills and estates is to figure out what it is you need help in the first place.

Do you just need someone to help you finalize a will? Want to set up a living trust for your children? Maybe you want someone who can help you set up a comprehensive plan and follow you from now until the day you pass on. In all of these instances, you’ll need a lawyer who specializes specifically in these main areas.

If you aren’t sure what you need, that’s okay! You’ll narrow down your options using other methods on this list.

Next, it’s time to actually identify your options within your city or town – and that starts with sourcing info from people you already know.

Your Local Attorney Referral Service

An attorney referral service makes it incredibly easy to connect with vetted, trustworthy lawyers. These services are easy to use and effective, too.

Start by dialing the toll-free number for the referral service; you’ll be connected with a representative. He or she will ask you a few basic questions about your needs and then suggest a list of suitable attorneys you should connect with.

You can take down contact information and reach out to the firm yourself, or the referral service can schedule a consultation for you directly. This makes finding a lawyer for wills and estates virtually painless.

Worried about accepting advice from a referral service? Don’t be! In the state of California, the California Bar licenses and regulates all legal referrals. By law, the organization must give you only advice they truly believe to be in your best interest.

Ask for References

Ask your friends, family members, and local professionals if they’ve worked with an attorney for similar concerns in the past.

Did they have a great experience, or did the attorney really let them down? This information can help you filter out attorneys you shouldn’t see while pinpointing those who have done well for others in the past.

If you have an attorney who helps you in another area of law right now, ask them to refer you directly to one of their colleagues. If they’ve already proven you can trust them, you can trust them to give you a good reference, too.

Contact the Lawyers You Have Selected

Once you have a list of appropriate lawyers in mind, reach out to each of them.

Ask whether they offer an initial consultation, how much they charge (per hour or per diem), and whether or not they are currently accepting clients. Then, schedule a consultation either over the telephone or in-person so you can better gauge their suitability.

Remember that you do NOT need to pick the first lawyer you meet.

What to Ask During An Initial Consultation

At this point, you should at least have a shortlist of lawyers for wills and estates who seem promising. Schedule a consultation as mentioned in the previous step, and then prepare a list of questions to help you judge their competency.

What is Your Primary Focus?

A lawyer should always specialize in the exact area of law you need help in – in this case, wills and estates. Avoid choosing an attorney who works in another area of law (e.g., family law) just because they seem cheap or easy to access. They may lack expertise.

What kind of experience do you have?

This can include anything from where the lawyer went to school to how many years they have been practicing law. Some attorneys may give a short review of awards or accomplishments, too, in an effort to show their excellence. Pay close attention to this info.

Who Becomes My Executor?

It is important to note that not all attorneys handle both estate planning and estate execution. Knowing this in advance can help you avoid problems later on, especially if you need to appoint a separate trust executor or representative.

Do You Offer Yearly Reviews?

A good estate planning attorney will always offer periodic reviews to ensure your plan remains in good standing. This may be quarterly, every six months, or even every few years depending on your unique situation. Someone who is terminally ill, for example, may want an attorney who can respond or review more quickly than someone who is healthy and in their mid-30s. Be aware that there may be a fee for this.

Can You Handle Estate Taxes, Too?

Estate taxes are evolving in the United States, and often, new changes roll out each year. Having an attorney on your side who is also competent in estate tax law may help you and your loved ones avoid loopholes and potential mishaps in managing your estate. It also ensures you won’t inadvertently set up a trust or will that jeopardizes how much your loved ones receive.

Conclusion

Planning for your future is important. Be sure to take your time when searching for an experienced lawyer in your area and try to schedule an initial consultation before making a decision. If you go through a lawyer referral service, ask if it’s possible to set up a free consultation.

Interview with at least two to three attorneys. Then, use your instincts to decide which one you want to hire. Don’t be afraid to turn them all down and start over if you just don’t feel comfortable with them – there are plenty of attorneys available.

If you’re interested in planning for the future, you may want to consider setting up a living trust. This process can quickly become complicated, so we thought we would provide some help. Here’s how to make a living trust in California.

How to Make a Living Trust in California

Living trusts serve a very important function in the estate planning process: they allow you to protect and benefit from, your own assets until the day you die. Once you pass on, any assets within the trust are handed down to a beneficiary of your choosing.

Because living trusts allow you to essentially bypass the probate system, they are especially important for anyone handing down a considerable amount of wealth. However, nearly anyone who wants to protect their assets can benefit from a living trust, even if the amount of included wealth is small.

Unfortunately, the process of creating a living trust in California is rarely ever easy or straightforward. You need to understand the legal requirements and official process in order to ensure that your irrevocable or revocable living trust endures.

Here’s how to set up a living trust in 7 steps…

1. Single Trust or Joint Trust

In the State of California, married couples can choose to enact a single trust (containing only assets belonging to one person) or a joint trust (containing assets legally defined as belonging to both parties).

You should discuss this consideration between yourselves first.

Which you choose will depend on your circumstances and your personal preferences, both individually and as a couple.

2. Taking Stock of your Assets

Regardless of your marital status, the next step is always to fully catalog your assets and any property you hold. Secure proof of ownership for as many of the items as you can (e.g., the deed to your house, vehicle titles, wills, or bank account statements). You may wish to work with an accountant on this step for ease of collection, especially if you’re cataloging a significant amount of assets.

Once you have a full list of your property in front of you, decide which items you wish to include in your living trust. You have the option to include as few or as many assets as is desired; feel free to choose a property based on personal preferences.

3. Nominate a Trustee

California law stipulates that all living trusts must be overseen by a trustee – that’s an individual (you or someone else) who manages the included assets.

The trustees’ job may be simple (such as when the included asset is something simple, like a vehicle or boat) or complex (such as when the included asset needs hands-on management; e.g, stocks, bonds, and investment accounts). They are also responsible for distributing assets to beneficiaries according to the trust.

You can serve as the trustee for as long as you are alive. However, it should be noted that it is always wise to nominate a successor trustee if you choose to step into the role on your own. This individual will supersede you in the event you become incapacitated, if you die, or if you are otherwise unable to manage the trust.

Options for trustee management, should you have no desire to serve in the role yourself, including a lawyer, a family member, a friend, or an accountant. Whoever you choose, it should be someone you can implicitly trust.

4. Choose the Beneficiary

The next step in creating a trust is to select your beneficiary or beneficiaries.

A beneficiary is a person, or persons, to whom you want the trust to payout at a certain point in time (e.g., upon your death). In many cases, this will be a child, a spouse, a family member, or a friend.

Some people also choose to assign a charitable organization as their beneficiary as a “final act of good” after they pass on.

5. Create a Trust Document

Once you arrange your assets, assign a trustee, and identify your beneficiaries, it’s time to create your official living trust document.

Trust documents, and what type of information they contain, are not absolute; they differ depending on the nature of your trust and the included assets. There are also differences between documents for irrevocable and revocable living trusts.

If you feel confident in doing so, you can handle this step from home on your own using online forms. However, doing so is rarely wise. Not only do these documents sometimes leave out critical information, but they can also put you at risk for lawsuits or trust failure in certain circumstances. It’s always better to work with an expert.

6. Make Your Trust Document Official

This is where an experienced estate planning attorney makes all the difference.

Trust documents are not considered official until they are signed in the presence of a notary public. In California, a Notary Public is defined as an individual approved by the state government to serve as an official witness with integrity and lack of bias.

Fortunately, Notary Publics are extremely common. Nearly all lawyers, attorneys, financial advisors, and other legal experts hold notary status. Doctors, courthouse workers, clerks, paralegals, and other local professionals who work in adjunct to the law may also qualify.

In most cases, your own lawyer will be able to serve as a notary for your trust document in addition to aiding you with its creation. Whoever you choose, they will sign and stamp your document with the official notary seal.

Related: Find a Lawyer through the SFVBA

7. Finalize Your Trust by Transferring Assets In

After you sign your trust document, you have the responsibility of officially funding the trust. In most cases, this will involve transferring ownership of the asset (e.g., bank account, money, stock, bond, or title) out of your name and into the trust.

The exact process can be dramatically different based on the requirements of your trust.

Conclusion

Now that you know how to set up a living trust in California, you can move forward with confidence and develop a plan for the future.

It is important to note that there are no legal requirements stating you have to fund your trust right away. You may choose to do so now, six months from now, or a year from now.  However, it’s usually best to handle this right away. The more you know about creating a living trust in California, the more prepared you will be for the future. Failing to transfer ownership can lead to problems, should you pass away or become incapacitated; your beneficiary will have no legal claim to your assets.

You work hard for your assets – why not give yourself the option to ensure they wind up in the right hands?

Talk to an attorney who specializes in trust law today and enjoy peace of mind for life.

If you’re thinking about planning for the future, you may be interested in finding an estate planning attorney in Los Angeles for help. It’s not always clear how to find the right attorney, so here’s a guide for your legal needs.

How to Find an Estate Planning Attorney

No one likes to think about what will happen when they die, but the reality is that it is an inevitability everyone must plan for. Without having a plan in writing, your final wishes could be overlooked, ignored, or lost among relationship clashes involving family members who can’t decide how to share or handle your estate.

Estate planning can help you create a plan and make important decisions about what happens after you die. This includes creating living trusts, strategizing to avoid estate taxes, and ensuring that any money handed down cannot be touched by your beneficiary’s creditors in the event of financial hardship. They can also help you assign an official executor of the estate, write a will, or create an advance directive (when to withhold life-saving care).

Learn about estate planning, and how to find an estate planner to help you make your own arrangements, in this short guide.

What is Estate Planning?

In order to understand how to find an estate planning attorney, you first need to know whether or not estate planning is right for you.

Estate planning is the process of making decisions and creating legally-binding documents, to protect your interests and preferences after you die. The documents created during estate planning speak for you once you can no longer speak for yourself, which can be of immense comfort. They also serve to prove the assets you hand down or bequeath are truly a part of your estate and/or part of an inheritance, which can significantly lower the amount of tax your beneficiaries pay.

There is a common misconception that estate planning is only a concern for the wealthy, the sick, the disabled, or senior Americans. Truthfully, no one can predict what the future will bring or at what age we will pass away. That’s why it’s best for all Americans to have a plan as soon as they turn 18 or reach independence.

Related: What Is An Estate Plan? (And 10 Reasons You Need One)

Find the Right Estate Planning Attorney

Although you can plan your own estate, doing so is rarely recommended. Estate and inheritance laws can be complicated and rife with loopholes that can potentially put you at risk. Issues of custody, real estate ownership and even pet ownership can make the process even harder.

Instead, you should work with an estate planning attorney to ensure your rights – and your wishes – are respected.

Finding the right estate planning attorney isn’t always easy, especially if you live in a major city where you may be faced with hundreds or even thousands of options.

Related: What Happens if You Die Without A Will?

Qualities of a Good Estate Planner

A good estate attorney is licensed, in good standing with the state bar, and well-versed in local and state law. If your needs are simple, such as if you simply need someone to certify your will, you may only need a general attorney rather than a specialist. For all other estate planning needs, it’s much more reliable to see someone who truly focuses on estate planning instead.

Ultimately, your goal is to balance your available budget with your need to work with someone who understands you and your wishes – someone who knows California estate law inside-out. You should feel comfortable and respected when talking to them; if you feel as if they talk over you or don’t listen to what you truly need, consider it a red flag. Move on to someone else.

Related: How to Find A Good Lawyer

How to Start Your Search

To find an estate planning attorney, you first need to decide whether you have any special considerations. For example, if you own one or more businesses, or have a significant amount of investment income to pass down, it may be best to speak with a lawyer who specializes in estates and business law. If you have children, someone with experience in family law and estate planning instead.

Start with an Internet search and/or a search of your local area. Make a list of all of the options you find. Include any specialties or other unique factors besides the lawyer’s name. Your local Yellow Pages directory should also have a list of estate planners you can reach out to if you’re having trouble finding info online.

The issue with this method is the sheer amount of options you’ll find if you’re even remotely close to a large city. Furthermore, it can be extremely difficult to judge whether or not the attorneys listed are reliable and trustworthy. This can feel overwhelming, but there are other options you can try to narrow it down.

Use An Attorney Referral Service

The SFVBA Attorney Referral Service is certified by the State Bar of California and meets the American Bar Association standards for lawyer referral. With a comprehensive membership of over 150 well-established attorneys in the San Fernando Valley area of Los Angeles, we can help connect you with the right attorney for your needs.

To get started, call (818) 340-4529 and tell one of our friendly Attorney Referral Consultants about your legal matter.

If you prefer contacting us via email, you can do so by completing and submitting an Attorney Referral Request form.

Contact the State Bar Association

The California State Bar Association (CSBA) also serves as a liaison for the public and can interface with you to help you in your search. As with lawyer referral services, they will ask you a series of questions to identify your needs.

Depending on the lawyer you are linked with, you may also receive a small discount on your first consultation or hour for searching via the CSBA. Assistance with your search is also free, as part of the CSBA ’s mandate is to help the public protect their rights and access to legal services.

You can also call the CSBA if you have a lawyer in mind already, but simply want to ensure they’re legitimate and have a good reputation. The organization can confirm whether or not the lawyer has been disbarred if their license is in good legal standing, and whether they have any unresolved complaints from other clients.

Ask for Referrals

Asking someone you trust for a personal or professional referral certainly isn’t foolproof, but it can be the best way to find the right attorney sometimes. For example, if you work with a tax lawyer or a family law lawyer, ask them who they recommend. Because they are essentially putting their own reputation on the line when they refer you, they’re far more likely to suggest someone who really fits.

Don’t be afraid to ask friends, family, accountants, and persons in a position of authority within your community for referrals, too. People you know and trust will often share frank and unbiased views because they want what’s best for you.

Conclusion

Now that you know how to find an estate planning attorney, you can start your search. Be sure to take your time and carefully evaluate the attorney you’re considering.

No matter how you find an estate planning attorney, you should always ask plenty of questions and have at least one consultation before you sign a retainer. The peace of mind gained from knowing your rights and wishes are protected is, after all, one of the most priceless gifts you can give yourself and your beneficiaries.

Taking the time to create a will or trust is important to the future of your family. It ensures your estate is distributed to the right people in the event of your death. In this article, you will discover what happens if you die without a will in California.

What Happens If You Die Without a Will in California?

So, what happens if you die without a will in California?

California state law states that anyone who dies without a will is considered to have died “intestate.” As a result, intestate succession laws will dictate how the deceased’s property is distributed. In California, this means the property is passed down to your closest relative(s).

The catch is that the only assets that can be distributed intestate are those that would have normally been passed through a will. This type of property usually includes cash (including money in checking and savings accounts), stocks, bonds, copyrights, personal property (including clothing, jewelry, collectibles, etc.), and even a person’s ownership interest in a business.

Items that can not be passed intestate include:

• Anything that is already included in a living trust
• Life insurance proceeds (they already have a designated beneficiary)
• Funds in retirement accounts (they usually already have a designated beneficiary)
• The property you own jointly with another person (automatically transfers to the co-owner)
• Anything that already has a payable or transfer-on-death designation

Determining the Heir in California

California courts don’t have an easy job to do when it comes to determining who a person’s heirs are, especially if custody of minor children isn’t clear. There are a lot of variables to take into consideration, including whether or not the deceased was married or has any children.

Examples of what the court might do if the decedent was married include:

• Transfer ownership of all community property to the spouse;
• If the decedent has a living child, the court would give half of separate property to the spouse and half to the child;
• If the decedent has a deceased child, the court would give half to the living spouse and half to the deceased child’s estate;
• If the deceased had more than one child, the court will give one third to the surviving spouse and the remaining two-thirds is split between the children.

Examples of what the court might do if the decedent was not married include:

• Splitting the property among children, though the amounts they get will depend on if they are from the same generation;
• Split the estate among grandchildren if the children are no longer alive;
• Split the estate among the decedent’s parents if there are no children or grandchildren;
• Split the estate among the decedent’s siblings if there are no children, grandchildren, or living parents;
• Split the estate among grandparents if there are no living parents; or
• Split the estate among cousins if there are no living grandparents.

There are quite a number of other complications and rules to consider in the state of California. As you can see, though, dying without a will means your estate — the result of your lifetime of hard work — may ultimately be distributed in ways you never thought of or intended.

What About Minor Children?

While dying without a will can be complicated, an untimely passing that involves minor children can be even more difficult to process. At the end of the day, the court will have the final say when it comes to who takes guardianship.

If they are capable of caring for them, the courts will often turn to grandparents first. If your parents are no longer living, they will look to the nearest blood relatives, such as aunts and uncles.

This can, of course, become even more complicated. Let’s say both parents pass away in an untimely accident and both sets of grandparents are living and capable of caring for their grandchildren. If they disagree as to who should take guardianship, the children may end up caught in the middle of an unpleasant custody battle while each side tries to prove they are better suited for the task, and why.

Estate Planning in California

The best way to ensure your property is distributed the way you’d like, and that your children (if any) are cared for, is to take care of your own estate planning in advance. While there are free forms you can get from the internet or from bulk legal services, it is often safer to work with an estate planning attorney to make sure all of your bases are covered properly.

When planning your estate, don’t forget to consider:

• How you will distribute property between your spouse and/or children;
• Whether or not you have a back-up plan for minor children in the event that you and your spouse should pass prematurely;
• Who will care for any beloved family pets;
• Who will inherit your business interests;
• The inclusion of passwords and login details for online accounts, including investments, banking, cryptocurrency, blogs, and any other digital properties;
• Methods you can use to set up trusts or other transfer-on-death rights to avoid probate and minimize your estate’s tax obligations;
• Planning annual tax-free gifts while living to minimize the value of your estate after death;
• Charitable contributions you’d like to make, living and upon death; and
• Changes to local tax laws during your lifetime.

Estate planning isn’t just for the elderly. It’s for anyone with a family, tangible property, or a desire to control the way their estate is distributed after death. Failure to properly plan in advance could mean those you love, whether you’re married or not, are left with no financial net to fall back on if you pass away, especially unexpectedly.

While your will is one part of your estate plan.

Working with a California estate planning lawyer will ensure you’ve covered all of your bases, from forming trusts to designating the distribution of all of your assets. Leave no stone unturned and no penny unaccounted for. Your estate is your legacy, and you deserve to maintain control over what happens to it after you die.

A special needs trust will allow you to set aside money for the future care of a loved one with a disability while protecting their eligibility to receive benefits from the U.S. government. In this article, you will learn how to set up a special needs trust, California

How to Set Up a Special Needs Trust

It is a way for parents, family members, and other interested parties to contribute funds for the benefit of a special needs person while allowing that person to still receive government benefits such as Medicaid (California’s Medi-Cal) and Social Security Supplemental Income (SSI), vision, dental, and recreation benefits.

The special needs trust helps protect the beneficiary from financial abuse and provides the control needed to make sure the funds are spent wisely on his or her behalf.

Related: Learn more about special needs trusts

Why A Special Needs Trust is a Good Idea

As a caring parent, relative or interested friend, you want to make sure your special needs person has the services he or she will require.  You want to make sure the trust you set up is the right one, and that it will not jeopardize that person’s ability to receive necessary government benefits in addition to the trust benefits.

The wrong trust may diminish government benefits and it almost certainly will not anticipate all the possible issues that can arise over the lifetime of the beneficiary. The right trust will ensure that the beneficiary has a chance at a more fulfilling life, even after you are gone.

The special needs trust should still allow the beneficiary to qualify for SSI and other programs that pay for hospitalization, treatment at medical centers and clinics, doctors’ services, lab tests and X-rays, home health or nursing home health care, and related services.

The trust should also complement benefits from the Affordable Care Act (ACA), which typically covers community mental health, drug abuse services, and facilities for the mentally challenged.

Deciding How Much to Put in a Trust

How much to put into a trust is a good question. It depends on the nature of the special needs and the level of care needed, as well as the complexity of the trust. The amount put into the trust could be in the thousands to millions of dollars. There is no minimum sum required to open a special needs trust, but because the cost of setting up and managing the trust could run upwards into the thousands of dollars also, it has been suggested by some experts that the minimum amount to fund a trust should be about $100,000.

Who Can Set Up a Trust/the Different Kinds of Trusts

There are different types of special needs trusts. The most common are called first-party and third-party trusts and the difference depends on who is funding the trust. First-party trusts are originally funded by the property of the beneficiary him/herself. These trusts can be set up by adults who accumulate wealth and assets before the onset of a disability.

Assets can come from personal injury awards, retirement plans, divorce settlements, insurance policies, an inheritance, or other similar sources. First-party trusts must include certain federal and state provisions, and can only be established for individuals under the age of 65.

Third-party trusts are funded by someone other than the beneficiary. They are typically set up by parents or family members to benefit children. The funders are the original trustees who leave money, property or other assets to the trust through an estate plan. So, while the assets never belong(ed) to the beneficiary, the intention of the trust is that the benefits will be used for the beneficiary’s needs.

There is another kind of trust called a pooled-asset trust. These are available in most states and are charitable pools that allow assets to be given to the trust on behalf of multiple beneficiaries. The resources of a pooled trust are managed by a nonprofit organization.

Unlike individual special needs trusts, pooled trusts may be created for beneficiaries of any age and also may be created by the beneficiary him/herself.

Assembling an SNT Team – Involve the Whole Family

Setting up a special needs trust calls for expert help to make sure the complex rules of a special needs trust are carefully followed.  Attention should be paid to the special needs person’s financial resources to make sure they don’t exceed the limits for government benefits.

Families that are planning to create a special needs trust should start by taking stock of the special needs person’s current – and future – health status and ability to take care of him/herself. What is the level of future care that will be needed?

Begin by gathering information on financial assets including investment accounts, retirement policies, and insurance policies. Together, decide the best way of funding the special needs trust.

Family members should also make sure that any bequeathals, gifts, or other money transfers go to the special needs trust rather than directly to the special needs’ individual. Giving money directly to the special needs person can result in them receiving decreased government benefits. This can be easily avoided.

Hire an attorney who specializes in trusts and/or estate law. The complexity of the law, the legal documents required, and the processes involved necessitate qualified legal help. Social Security laws are often modified. A special needs trust is not a set-and-forget solution but one that should be constantly monitored and managed.

A financial planner should also be involved in the setting up of the trust. Often the attorney is experienced in financial planning and can combine the roles. If not, a qualified planner can be recommended.

When you or your family choose someone to serve as a trustee, keep in mind that the trustee will have complete control over the trust. S/He will oversee discretionary spending money on your loved one’s behalf. Your special needs beneficiary will have no control over the money or property in the trust. The trust will end when it is no longer needed, either upon the beneficiary’s death or after the trust funds run out. Choosing a special needs trust and setting it up properly is the best thing you as a parent can do for your special needs’ dependent.