Modesto Estate Planning Lawyer

Modesto Estate Planning Attorney

When you spend your life creating memories, collecting property, and making a living for yourself, it’s important that you have a plan in place to protect what you leave behind. A dedicated Modesto estate planning lawyer from Fishman, Larsen & Callister can help you create a legal plan that protects your assets and your loved ones’ futures when you’re no longer here.

About Fishman, Larsen & Callister

At Fishman, Larsen & Callister, our skilled attorneys have been providing comprehensive estate planning services and probate representation for businesses and individuals across California for decades. We’re dedicated to helping California residents create plans that help them feel confident moving forward, knowing their loved ones and interests will be protected through tailored legal tools.

Legal Tools Used in Estate Planning

Planning for your future and how your estate will be distributed can be a complicated process, especially when you’re unaware of the various legal tools you can use. The following are some of the most common legal tools used in estate planning:

Last Will and Testaments: The most common form of an estate plan in California is a will, also called a last will and testament. This document lays out exactly how you would like your assets divided amongst your designated beneficiaries, along with any personal wishes.
Living Will: Unlike a last will and testament, a living will takes effect while you are still alive. This document outlines your wishes should you become incapacitated or medically unable to make decisions for yourself.
Living Trust: A living trust is another document that takes effect while you are alive and allows your family or business to bypass the lengthy probate court wait times.
Advanced Healthcare Directive: This document outlines your medical preferences in case you become severely ill or incapacitated. An advanced healthcare directive can include your desires regarding taking extraordinary measures to save your life, medical proxies, or hospice care.
Durable Power of Attorney: A durable power of attorney designates a person to make medical decisions if you are incapacitated.

A Modesto estate planning attorney from our firm can help you understand the nuances of each type of document, helping you make informed choices when creating your estate plan.

Why Should You Create an Estate Plan in California?

According to the Pew Research Center, only 32% of U.S. adults have designated what to do with their belongings or property in a will. One common misconception is that estate planning is only for the wealthy. However, the truth is that having a plan in place for your property and any minor children can help reduce stress and disputes long after you are gone.

When you pass away without a valid will in California, the local government takes control of your estate. This means that even if you had specific wishes regarding how your property should be divided, the state must follow intestate succession laws when distributing your estate. These laws require your estate to be distributed to your closest living relative.

If you have children, it’s important to create an estate plan that clearly states your wishes for their care when you are no longer here. Hiring a Modesto estate planning lawyer to navigate the complex legal stipulations in an estate plan can protect your interests, including your family and their future.

FAQs

Q: What Is the Asset Limit for Avoiding Probate in California?

A: According to California Probate Statute 13101, the asset limit to avoid probate in California depends on the date listed on the decedent’s death certificate. If the deceased died before April 1, 2022, the limit is $166,250. If the deceased passed on or after April 1, 2022, and before April 1, 2025, the asset limit is $184,500. If the deceased passed after April 1, 2025, the asset limit is $208,850. A Modesto asset attorney can help determine whether you can avoid probate.

Q: How Often Should You Update Your Estate Plan in California?

A: You should update your estate plan every few years or whenever you experience a substantial life change. Important changes that should be addressed in estate plans include the birth or adoption of a new child, divorce, the death of a child, the death of a child’s guardian, when a child becomes an adult, and more. If you believe you need to update your estate plan, you should consult your attorney to determine the right path forward.

Q: How Much Does It Cost to Hire a Modesto Estate Planning Lawyer?

A: If you’re looking to hire a Modesto estate planning lawyer, the total price you pay will depend on a variety of elements unique to your specific estate plan. The types of services you require, the complexity of your estate, whether you establish trusts, and the experience of your lawyer can all impact how much you pay to establish a valid estate plan. You can get a better idea of pricing by discussing your concerns during your initial consultation with a lawyer.

Trust Fishman, Larsen & Callister With Your Future

The estate planning attorneys at Fishman, Larsen & Callister are invested in our clients’ futures. Our attention to detail and vast knowledge of estate planning and probate law empower our clients to confidently make decisions for their futures. We factor in all elements unique to your case, ranging from tax implications and business interests to potential inheritances and guardianship designations.

When you’re ready to create an estate plan that protects your interests and your loved ones, the team at Fishman, Larsen & Callister is ready to help. Contact us today to learn more about our trusted Modesto estate planning services.