Contact the law offfice of Wiezorek & Geye to discuss your personal estate planning needs. We would like to meet with you in person to determine your specific needs, but in the meantime here is a basic overview of what we could provide should you decide to retain our firm.
We believe that every good estate plan includes a Living Trust, Pour-Over Will, Durable Power of Attorney, and an Advance Healthcare Directive. For a flat fee, we will draft the following documents to suit your personal needs and goals:
The creation of a California Living Trust is one of the most important steps you can take for your family. It prepares your legal affairs for you during your lifetime, and it provides for the easiest way of transferring your assets after you’re gone. There are many benefits of a California Living Trust such as: (1) avoiding the complex probate process; (2) providing protection for your family; (3) managing your assets; (4) controlling the distribution of your assets; (5) saving income and estate taxes; and (6) retaining your privacy.
A Pour-Over Will is the vehicle used to name guardians for minor children. It also acts as a safety net in the event that an asset in your estate has to be probated because it “pours” the asset back into your trust at the end of the probate. If you forget to put an asset into your living trust, your Pour-Over Will directs your executor to distribute the money or property according to the terms of your trust, not in accordance with the intestacy and probate laws of California.
Durable Power of Attorney
A Durable Power of Attorney allows you to carry on your financial affairs in the event that you become disabled. If you do not have a properly drafted power of attorney, it may be necessary to have a guardian or conservator appointed to make decisions for you when you are disabled. The guardianship process is very time-consuming, expensive, and emotionally draining. When you appoint another individual to make financial decisions on your behalf, that individual is called an "attorney in fact." A Durable Power of Attorney assures that someone you trust will make decisions for you. Upon subsequent disability, your power of attorney is effective immediately without the necessity of going to court.
Advance Health Care Directive
An Advance Health Care Directive or Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment.