Planning for the future and preparing for the legal ramifications of your death is one of the best things you can do to preserve your family’s best interests after your death. At Fishman, Larsen & Callister, we provide estate planning services and probate representation for families and business owners. If you require the services of an experienced and compassionate California estate planning attorney, our firm will help you understand your options and guide you through a comprehensive estate planning process to serve your family’s best interests.
Why Do I Need an Estate Planning Attorney?
Proper estate planning with the guidance of an experienced Fresno estate planning attorney can help your family avoid the notoriously tedious and stressful probate process. When a person dies with an incomplete estate plan or no estate plan at all, their surviving family must undergo the probate process. This is a legal process of disbursing ownership of the deceased’s assets to their beneficiaries, and the judge overseeing the process will strictly follow California’s laws of intestate succession.
Probate is expensive and stressful, and many families who experience probate litigation find the judge’s ruling unfair or out of touch with the wishes of the deceased. Fishman, Larsen & Callister can help your loved ones avoid probate. If probate in any measure is unavoidable, we can provide the legal counsel they need to overcome this challenging legal process as easily as possible.
While you can technically devise your own estate plan without the assistance of a California estate planning attorney, the reality is that any estate plan you create on your own will likely fall very short of providing the same level of legal protection as you could expect from a properly drafted estate plan created with the help of an attorney. If you create your own estate plan, it is more likely for disputes to arise among your surviving loved ones, which in turn will lead to challenging and expensive probate litigation for your beneficiaries.
Elements of a Complete Estate Plan
If you want to provide your family with the highest degree of security after your death, your estate plan should contain four essential elements:
- Durable Power of Attorney. This document will assign Power of Attorney to an individual you choose. This individual will have the legal authority to make major decisions on your behalf, including signing official documents that require your signature. Your Durable Power of Attorney will be invaluable if you are ever incapacitated or unresponsive in palliative care and unable to make major decisions.
- Advanced Care Directive. This document outlines your preferences for medical care in the event you become gravely ill. Your Advanced Care Directive can dictate how you would prefer your family to handle palliative care, hospice care, and life support on your behalf. For example, some people do not wish to be kept alive artificially under certain conditions. In contrast, others would prefer their medical team to exhaust all life support options to the fullest extent possible.
- Living Will. Your will, or last will and testament, is your way of communicating your intentions pertaining to disbursement of your personal property and assets to your loved ones after your death. This document can include explicit directions as to which of your beneficiaries receive certain assets. This document is the best way to disburse things like your real estate, vehicles, family heirlooms, jewelry, artwork, and other valuable possessions.
- Living Trust. Many people create living trusts to help their families avoid probate litigation. The trustor places their assets and properties into a trust under the ownership of a designated trustee, usually a spouse, grown child, or other close family member. It’s also possible to designate a family friend or attorney as a trustee. When the trustor dies, the assets contained in the trust do not go through probate. Instead, the trustee has the responsibility of transferring ownership of the included assets to the trustor’s beneficiaries.
These elements of your estate plan will offer your loved ones the most peace of mind and financial security after your death. If you wish to create a comprehensive estate plan, the attorneys at Fishman, Larsen & Callister can provide the legal guidance you need. We can help you craft an estate plan that suits your unique goals and interests with the greatest chance of protecting your family from the need to undergo difficult probate litigation.
Estate planning is especially valuable for business owners who want to ensure their business interests pass to the family members who helped them grow and run their businesses. When you work with an experienced California estate planning attorney, they will guide you through all necessary considerations for protecting your business interests after your death and ensuring the future success of the business you have worked hard to build.
Your attorney can also help you ensure your estate plan is legally valid. If you have investment accounts or other assets with previously assigned beneficiaries, you must ensure your beneficiary designations on these accounts align with the designations you intend to assign in estate planning. If you have an older account with an ex-spouse listed as the beneficiary, you probably want to change this designation to your current spouse or another family member. Working with a trustworthy California estate planning lawyer is the best way to prevent discrepancies like these.
When Probate Is Unavoidable
In some situations, even the most well-crafted estate plan cannot prevent the creator’s loved ones from probate proceedings entirely. If any party with a legal interest in the deceased’s estate raises a dispute against the handling of the estate, it’s possible that the issue could escalate to probate litigation. Fishman, Larsen & Callister can help you and your family navigate difficult situations like these with greater confidence. We will help you determine the cause of the dispute and navigate the documentation and evidence necessary for resolving the situation as quickly as possible.
Representing Clients in California
Estate planning does not have to be a stressful and painful experience. If you work with an experienced and compassionate team of California estate planning lawyers like Fishman, Larsen & Callister, you and your family can enjoy the peace of mind that comes with having a comprehensive and legally enforceable estate plan that serves your family’s best interests.
If you are ready to discuss your estate planning options with a reliable California estate planning attorney, contact Fishman, Larsen & Callister today and schedule a consultation with our team.