Are you looking for an “estate planning attorney near me” to create a will or trust, but you aren’t sure which is the right choice? Your estate lawyer will help you determine which document allows you to reach your goals. First, you must understand the qualities of each. Wills determine how property is distributed after death. They must go through probate and can be contested. A living trust is private and doesn’t go through probate. The document can go into effect when the creator becomes incapacitated, and it is also used to distribute property upon death. Due to the complexity of both documents, you should consult with an estate planning attorney before choosing one.
If you pass away without a will or trust, the court will distribute your property based on the Laws of Intestacy Succession. The law determines the order your assets are distributed to your descendants. If the court is unable to locate any surviving relatives, the property will be transferred to the state of California. Instead of leaving it up to the courts, you can take control of your estate with help from an attorney. Your California estate planning attorney will ensure that your property is distributed based on your wishes.
Probate is long, stressful, and expensive. Probate lasts around a year, even if no one contests the validity of the will. If there are legal challenges, the process can take longer, and your descendants won’t receive the property until it’s over. An estate lawyer from California Probate and Trust, PC can go over options to avoid probate. Options include gifting your assets, creating a living trust, or owning joint property.