Estate Planning

At Santos Lloyd Law Firm, P.C., our Estate Planning Services Include:

Trusts

Help individuals create a separate legal entity to control and hold the person’s assets. A trustee is company or a person who will manage the assets in the trust for you at the beneficiaries’ benefit.

A revocable living trust is created and funded during your lifetime. With this type of trust, you can name yourself as trustee to maintain and control the assets until you die or become incapacitated.

A testamentary trust is created after death by a provision in your will. As you can see, there are many options when it comes to trusts. You should consult with an attorney to determine which option is best for you and your family’s needs.

Wills

If a person dies in California, the state will divide the person’s assets according to the State’s statute.

Thus, a will can help you avoid having the State make those decisions for you. A will is a written document that outlines how your assets will be divided at your death and who will care for your children, for example. Unlike a trust that names a trustee, a will names an executor to manage the will during what is called the “probate process”.

Probate Process

When a person has a will, the will has to be filed and validated in court. This process is called probate. The court will monitor the distribution of the assets, the payments to creditors, and other matters regarding the decedent’s estate whether the person died with or without a will.

Keep in mind that certain items such as life insurance with a beneficiary, joint tenancies, etc. will avoid probate.

Consequently, information is key.

Advanced Healthcare Directives

If you have specific wishes for organ donation, end of life medical care, or wish to appoint someone to make health care decisions for you if you are not able to, a health care directive is an important estate planning tool.

Power of Attorneys

A durable power of attorney allows an individual to appoint another in case the person becomes incapacitated. The powers of the person receiving the appointment are broad and they may include: management of assets, payment of debts, or create or change trusts, among other powers.

Contact us.