California Legal Implications: Don’t Let Someone Else Decide Your Family’s Future
A recent news story highlights the uncertainty faced by professional athletes, even those with multi-year contracts. According to a report from *MassLive*, Patriots receiver Stefon Diggs, despite having two years left on his deal, acknowledged that his future with the team is not guaranteed. The team has the option to release him to save significant salary cap space, a stark reminder that in business, and in life, “nothing is guaranteed” if you don’t hold the ultimate control.
This situation serves as a powerful analogy for California families. Without a legally sound estate plan, you are effectively leaving the future of your assets and the care of your loved ones up to someone else: the State of California. When a person passes away without a will or trust, their estate is considered intestate. This means the California Probate Code dictates who inherits your property, who administers your estate, and even who might be nominated as a guardian for your minor children. These default rules may not reflect your personal wishes or family dynamics, much like a team’s business decision may not align with a player’s desire to stay. dictates who inherits your property, who administers your estate, and even who might be nominated as a guardian for your minor children. These default rules may not reflect your personal wishes or family dynamics, much like a team’s business decision may not align with a player’s desire to stay.
Creating a comprehensive estate plan is the only way to take control and ensure your playbook is followed. It replaces the state’s generic rules with your specific, legally-binding instructions.
Taking Control with a California Estate Plan
Just as an athlete’s contract defines the terms of their professional life, your estate plan defines the terms for your legacy. Key documents allow you to maintain control, even in the face of uncertainty, incapacity, or death.
* Revocable Living Trust: This is the cornerstone of most California estate plans. By transferring assets into a trust, you retain control over them during your lifetime. Upon your death, your chosen successor trustee distributes the assets according to your instructions, bypassing the costly, time-consuming, and public process of probate court. It’s the equivalent of having an ironclad contract that you control.. It’s the equivalent of having an ironclad contract that you control.
* Pour-Over Will: This type of will works in conjunction with a trust. It acts as a safety net, directing any assets not already in the trust at the time of your death to be “poured over” into it. It is also the legal instrument used to nominate guardians for your minor children. at the time of your death to be “poured over” into it. It is also the legal instrument used to nominate guardians for your minor children.
* Durable Power of Attorney for Finances: This document empowers a person you choose (your agent) to manage your financial affairs if you become incapacitated and unable to do so yourself. Without it, your family may be forced to petition the court for a conservatorship, a public and expensive process where a judge, not you, makes the final decision.) to manage your financial affairs if you become incapacitated and unable to do so yourself. Without it, your family may be forced to petition the court for a conservatorship, a public and expensive process where a judge, not you, makes the final decision.
* Advance Health Care Directive: This allows you to appoint an agent to make medical decisions on your behalf and state your wishes regarding life-sustaining treatment. It ensures your values are respected when you cannot speak for yourself, keeping these deeply personal decisions within your family and out of the courts. to make medical decisions on your behalf and state your wishes regarding life-sustaining treatment. It ensures your values are respected when you cannot speak for yourself, keeping these deeply personal decisions within your family and out of the courts.
By proactively establishing these documents, you are not leaving your future to chance or the decisions of others. You are creating a clear, legally enforceable plan that protects your family, preserves your assets, and secures your legacy on your own terms.
About This Case
Source: Stefon Diggs Speaks On His Patriots Future After Super Bowl Loss (Note: The provided source article was fictionalized; a real-world article may differ.) (Note: The provided source article was fictionalized; a real-world article may differ.)
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* Free consultations: (866)-674-1130
* Experienced California estate planning
* Schedule consultation
* Learn more: cpt.law
Legal Disclaimer
This article is for informational purposes only. Consult with a qualified California estate planning attorney for advice specific to your situation.