Planning for your future and those of your loved ones is very important. If you do not leave written instructions in a Will or Living Trust, the State of California laws of Intestacy will decide who will receive your estate.
If you also have a loved one with special needs, special planning must be seriously considered so that you can leave that individual an inheritance without jeopardizing their right to receive government benefits.
Transferring property when someone dies can be complicated. A Will takes effect at death and usually requires a court supervised probate proceeding to transfer title to your assets. A probate is public record and anyone can access your Will and other private matters. A Living Trust, on the other hand, takes effect during your lifetime through the transfer of assets into that Trust. A Trust also provides privacy and avoids the necessity of a probate proceeding.
A complete estate plan includes Trusts, Wills, Financial Powers of Attorney and an Advance Health Care Directive. More sophisticated Trusts may be required for gift and estate tax planning purposes.
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Disclosure IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein