Estate planning can seem like a complicated process, especially if you have not set up an estate or spoken with an estate planning lawyer before. In general, estate planning encompasses many different legal tools, such as wills and trusts, which you can use to ensure that your wishes are carried out when you pass. This primarily involves ensuring that your heirs and beloved ones will be taken care of, but can also include everything from charitable donations to protection of your assets from creditors. Carlsbad estate planning lawyers Matthew and Julia Kaemerle have assisted people throughout Oceanside, Carlsbad, Encinitas, Vista, and San Diego with protecting their assets and articulating their wishes. We know how daunting this process can seem and how it can be unsettling to contemplate a point in time at which you will no longer be around. We can provide you with the compassionate and responsive legal counsel that you deserve during this process and ensure that your questions are resolved.Benefits of Creating an Estate Plan in California
Many people have questions about estate planning, such as why they should go through the process of setting up an estate. There are many benefits to having a legally enforceable estate plan and to having a clear strategy for how your estate will be administered upon your death.
First, an estate plan can help you avoid certain costs, delays, and other issues associated with the probate process. If you die in California without any estate plan, there is a statutory system for how your assets will be distributed. In reality, this means that your heirs and surviving relatives will need to deal with some type of administration of your estate, whether you create an estate plan or not. An estate planning attorney at our Carlsbad firm can also help you maximize certain tax advantages and property classifications through an estate plan that will help ensure that you leave your heirs the largest estate possible.
You can also make special provisions for heirs who may be too young to inherit certain assets at the time of your death. Ensuring that your heirs will be able to appreciate and appropriately manage their inheritance is a major priority for many individuals and families who are creating an estate plan. Also, should you become mentally incapacitated or face a sudden health issue, the estate plan will provide a framework for ensuring that decisions are made as you want them to be made. Finally, for individuals with complex estates or substantial assets, an estate plan is an excellent way to ensure that everything will be taken into account appropriately.Devising an Estate Plan
In general, estate planning provides a system for the orderly transfer of your assets to heirs, charities, and other beneficiaries that you designate at the time of your death. It also provides a system for managing your property and your health care, should you become incapacitated or unable to make decisions for yourself. There are many different legal instruments that a Carlsbad estate planning attorney can help you integrate in your overall strategy. Some of the most common instruments include a will, a durable power of attorney for managing your assets, a living trust, and an advance health care directive.
Especially if you own real estate (like a residence) or have property exceeding $150,000 in value (like investments), you should work with a lawyer who has handled estate planning matters in the past and who will be able to compile an appropriate set of legal tools to achieve your goals. Also, the state and federal laws that apply to estate planning and taxation can be extremely complicated. Only an experienced estate planning lawyer will be fully aware of the key rules that could affect the value or distribution of your estate.Discuss Your Objectives with an Estate Planning Lawyer in Carlsbad
Whether you have initial questions about the process or you are ready to set up your estate, our seasoned team of legal professionals is ready to assist you. We can advise people throughout San Diego County, including in Carlsbad, Oceanside, Encinitas, Vista, Del Mar, Escondido, La Jolla, Rancho Santa Fe, San Marcos, Cardiff by the Sea, Fallbrook, Solana Beach, and San Diego. To set up your appointment, call us at 760-931-1981 or contact us online. We also represent people in family law matters, and other legal areas.