El Dorado Estate Planning Lawyer

Roseville’s Choice For Estate Planning Lawyer

Our Popular Practice Areas:

Estate Planning
Wills
Trusts
Power of Attorney

El Dorado Estate Planning Attorney

Few people want to actively contemplate their own mortality, yet failure to properly prepare for the future can significantly impact you, your loved ones, and your legacy.You are likely familiar with the concept of a last will and testament, and this is a crucial document for end-of-life planning, but it is only the first step in creating a comprehensive, well-structured estate plan.

By working with an experienced El Dorado estate planning lawyer, you can ensure your family members understand your last wishes and can faithfully carry them out upon your death.Furthermore, an estate plan is vital for outlining your instructions for medical care if you become incapacitated during your lifetime and are unable to express your wishes directly.

A California Lawyer for Your Family Law Needs You Can Trust

In the case of divorce, death or incapacity, estate planning, or a minor that needs assistance with legal issues, you need an attorney by your side that specializes in family law. For more information, you can explore our FAQ page or contact us online today. We are also available by phone at (916) 773-6100.

Call (916) 773-6100

What Should I Include in an Estate Plan?

For maximum protection, an estate plan should include the following documents:

    • Last Will and Testament
      The most basic estate planning document, a valid will, can serve as your voice after you pass away and ensure your wishes are faithfully carried out. In a will, you name the beneficiaries you want to inherit portions of your estate, specify the assets and property they should receive, and select an executor who will be responsible for settling your remaining financial affairs and transferring inheritances to beneficiaries. You can also appoint a personal guardian to care for your minor children and select someone you trust to manage their inheritance until they reach adulthood.To be considered valid, your will must adhere to state and federal laws. Because a will is a legal document, you must be of sound mind when you draft and sign it. Of sound mind means you are mentally competent enough to understand the property you own, the relatives you wish to pass this property to, and the ramifications of signing the will. You cannot be experiencing a mental health disorder that impacts your ability to make decisions about your property, and you cannot be affected by coercion, undue influence, or fraud. You must sign the will in the presence of two witnesses (neither of which can be beneficiaries). These witnesses must also sign the document to confirm that you did, in fact, create the will or to acknowledge the validity of your signature on the document. You can change or revoke your will at any point during your lifetime.Dying without a will in place (known as dying intestate) means that your separate and community property will be divided and distributed according to California’s intestacy laws. Under these laws, your estate passes to your closest surviving relatives at the time of your death, beginning with your spouse and children, then your parents and siblings, and so forth through increasingly distant relatives. Without any surviving family members by blood or marriage, your estate will be transferred to the state. Alternatively, if your will is deemed invalid, your estate will also be subject to intestate succession.
    • Living Trust
      A living trust is a legal document that allows you to transfer ownership of assets and property from yourself to a trustee and select beneficiaries who will receive them after your death. You can name yourself as a trustee to retain control of the trust and the property it contains during your lifetime. However, you must also designate a successor trustee to manage the trust and distribute the trust property after you die. Because the property left through a trust does not have to go through probate, your beneficiaries can receive nearly immediate access to their inheritances. In the trust document, you can determine whether you want beneficiaries to receive their portion of the trust in a lump sum, in regular intervals, or upon certain life events, such as getting married.Updating the terms of the trust is crucial to ensure it contains all the property you want to leave behind without forcing beneficiaries to go through probate. Unfortunately, many people either create a trust and forget to formally transfer their property to the trust itself, or they acquire property after the trust was created and fail to account for it in the trust document. In these cases, the property that has not been transferred to the trust cannot be distributed according to the terms of the trust. If you don’t have a valid will in place when you die, your estate could suffer. Property that is not included in a living trust or protected through other methods (such as joint tenancy or community property with rights of survivorship) will be divided based on California’s intestate succession laws.
      • Durable Powers of Attorney
        A power of attorney is a legal relationship in which you authorize an individual (known as an agent) to make legal and financial decisions on your behalf. Powers of attorney can be limited, meaning they only apply in certain situations or for specific transactions, or general, which gives your agent the legal power to handle all legal and financial matters. Limited and general powers of attorney automatically terminate if you become incapacitated or incompetent unless you make them durable. You can make a limited or general power of attorney durable by using the following language – “This power of attorney may not be affected by subsequent incapacity of the principal.” It will go into effect immediately after you sign it and remain in effect until you destroy or revoke it.
      • Advanced Health Care Directive
        An advanced health care directive allows you to appoint a trusted person (agent) to make decisions about your medical care if you become incapacitated and outlines your wishes for this care. If you experience a serious injury, terminal illness, or progressive medical condition that leaves you comatose or unable to express your decisions about medical treatment, the agent has power of attorney for healthcare. This individual can make these decisions on your behalf according to your instructions in the health care directive document. For example, you can state that if you cannot breathe or eat on your own, you do not want life-extending treatments, such as a breathing machine or feeding tube. If your heart stops, a Do Not Resuscitate Order (DNR) tells your healthcare providers that you do not want them to use cardiopulmonary resuscitation to restart your heart.

Contact an Estate Planning Lawyer for Your Wills, Trusts or Probate Needs

Regardless of your age, health condition, or the size of your estate, proper planning is essential for protecting yourself against future uncertainties and safeguarding your assets for your loved ones. At McCunn Law, our El Dorado asset protection lawyers can help you create a comprehensive estate plan that clearly outlines your wishes for your medical care if you become incapacitated and specifies how you want your estate to be managed upon your death. With our help, you can ensure your intentions are faithfully carried out. Trust that your family members receive their inheritances without being forced to undergo complex, time-consuming probate procedures. Contact us today to learn more about our estate planning services.

El Dorado Estate Planning Lawyer

Legal Assistance

The best time to seek legal assistance is when disputes are still only minor agreements. This gives either party the time to re-evaluate their actions and determine the next move without breaking the law or acting unfairly. Consulting with an attorney can provide the information they need to steer them down the right path. In some instances, clients ask us to mediate a dispute between landlord and tenant, so both parties can come to an agreement without the need for battling it out in a courtroom.

If you are a landlord or a tenant who believes your rights have been breached or you have been accused and your business or reputation is on the line, turn to McCunn Law. We help our clients to navigate even the most complex legal issues to arrive at the best solutions possible. Contact us today at 916-827-3427.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.