Tustin Estate Planning Law Blog

After a death in the family, someone will likely be chosen to handle the bulk of the person's estate. When the individual has a comprehensive estate plan with an allocated executor, estate administration can be less stressful for the person doing the work, especially in the area of resolving finances. Some experts have gathered other information that can be helpful to California residents during the estate administration process. 

First of all, a person should not try to make major decisions while emotions are high. Don't feel rushed, because that is when a person is likely to overlook important details. Secondly, a person should not feel that he or she has to go it alone. Probate attorneys and financial adviser can provide guidance to the person settling the estate. 

Hopefully, when a person dies he or she has left behind a set of instructions for the survivors to disburse and distribute the assets. Unfortunately, some individuals die intestate, or without a will, and those assets are distributed according to California state law and not according to the individual's wishes. The estates of those who take the step to create a last will and testament will go into probate, a process designed to establish that the will is true and accurate. Others use methods to try to avoid probate. By keeping in mind the fact that wills can enter into a lengthy and challenging court process, individuals planning their estates can take steps to make the process easier. 

Probate is the official proving of a will -- certifying in a court of law that the will of the decedent is the true last testament of that person. Experts recommend that everyone have a will, even if he or she intends to pass assets along using methods that can help one avoid the court process. A will can help set guidelines for property that was overlooked or acquired after the will was drafted. 

Many individuals will enter the estate planning process at some point in their lives. By using good strategies and avoiding common pitfalls, an individual can feel confident in asset protection. California residents may choose to transfer assets to their heirs in several ways, but if there is an oversight, the people left behind may face costly and inconvenient legal barriers. 

One of the most common mistakes is for the person to die without a will in place. When an individual dies intestate, the surviving family members must adhere to state laws about who will inherit, and the family may have to spend a significant amount of time and money proving that they are related to the deceased person. If there are disabled adults or minor children involved, the lack of a will may cause them to forfeit needed supports and services. 

There may come a time in life when individuals become incapacitated and unable to care for their own affairs. At the time of such an event, it is beneficial to have a trusted person already in place who is authorized to help you by managing your financial and medical affairs. The power of attorney is the name of this type of authorization, and it is commonly used as part of an estate plan in California. 

In the absence of a power of attorney, the court will appoint one. The person appointed by the court may not be the one the principal would have chosen, but that person has whatever powers are granted to them by the court, and not necessarily the powers that would have been selected by the individual. Even if the person is a family member, there could be differences of opinion between the agent and the principal.