An experienced San Diego estate planning attorney can structure your assets and wealth to provide protection while reducing or eliminating tax consequences. Many people assume that all they need to plan their estate is a will. Unfortunately, if you pass away with nothing more than a will the consequences include:
- a long and costly probate proceeding for your beneficiaries
- public exposure of your financial affairs
- devastating tax consequences
A Complete Estate Plan Protecting Your Assets And Your Beneficiaries
For most clients, a complete estate plan will include one or more trusts, a pour-over will, a durable power of attorney for assets and an advance health care directive.
A properly executed estate plan allows you to control your assets while you are alive. It also spells out what you want to happen if you become disabled and unable to communicate your wishes. After you die, your trust can protect your beneficiaries from taxation, creditors and ex-spouses.
Taxation and fees in probate are based upon appraised value, not equity. The cost of an average home in the San Diego area puts the expense of probate exponentially above the cost of a trust. Unlike wills, trusts do not go through the California probate process. This can save you as much as 15 percent of the present value of your estate, which is what most probate lawyers charge to probate assets distributed by a will. When you keep assets in a trust, your family’s private financial information will also remain private.
Drafting An Estate Plan Based On Your Assets And Your Goals
When drafting estate-planning documents, our attorneys will carefully review your goals, concerns, family issues and assets to arrive at the plan that will best meet your needs. Our services include:
- Reviewing and updating existing trusts and estate plans
- Establishing revocable and irrevocable trusts, which strategically move assets from an individual to a trust
- Protecting your assets using limited liability companies and trusts
- Creating charitable trusts to support charities in the most effective way
- Creating disclaimer trusts to create more ease and autonomy for the surviving spouse when the first spouse dies.
- Creating special needs trusts to provide assets to a family member without making him or her ineligible for government benefits
- Counseling you on how to fund your trust and change the title of assets to your trust
- Advising you on the tax ramifications of your trust under the ever-changing tax law
- Advising trustees and executors, as well as beneficiaries, estates and other parties
- Representing parties in litigated trust matters
- Drafting codicils to explain, modify or revoke a will
- Asset transfers
- Advisory services to protect you from overseas investment scams
We are here to help you draft an effective estate plan. Only an experienced estate planning attorney can also help you address the challenges that come with the administration of a loved one’s trust or estate.
Contact an Experienced Estate Planning Attorney – The Consultation Is Free
Seeking an estate planning lawyer in San Diego, Los Angeles, Orange County or elsewhere in California? Contact us or call 866-631-3470 to schedule a free initial consultation.