What to expect during the estate planning process in California

The estate planning process is often put off because of the feeling that it is a long, difficult process.  There are a lot of decisions to be made, a lot of time to be spent on making the decisions, and lots of long, boring meetings with the attorney.

Not so!  Well, perhaps this is the case with other attorneys, but I have found that my clients appreciate the ease of the process as well as the flexibility…and I do try to make it enjoyable & interesting.

The reality of it is – unfortunately – putting estate planning off until too late can mean a long, difficult, expensive probate process where your family, those you love the most in this world, suffer.

Making Decisions

This can be, and often is, the most difficult part of the estate planning process.  In fact, it often prevents the clients from proceeding.  What most potential clients don’t realize is that I can help you to make the decisions.  One of the advantages to creating a living trust as opposed to just a will is the ease with which changes are made.  I encourage my clients to make the best decision for right now, and then change it if circumstances change.  Plus, actually making a decision is critical.  Most couples may not have it nailed down who they want to be their children’s guardian, for example, but they have narrowed the field.  By not picking someone, if something should happen to them, then the position is open to anyone in the world who wants to petition, including those who the couple has excluded (and perhaps for good reason!).  It not only makes the issue of who will raise your children a crap shoot, but also could subject your child to a nasty custody battle.

The Process

I meet with my clients for an initial, no fee consultation to discuss their situation and potential estate planning needs.  We go over what they have, what they want, and the various options available to them.  Generally at that point most of the decisions are made, but sometimes a few remain to be decided.  Once all the decisions are made, we set a time for the estate plan closing.  This is a meeting where we sign all of the paperwork, and this takes about 90 minutes.  Other than the trust funding, which is straightforward, that is the extent of the process.  Usually just two meetings, the process is not nearly as daunting as it may seem.

So, what are you waiting for?

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