Tulare Estate Planning Attorney
Planning for the future can feel overwhelming, but it does not have to. An experienced Tulare estate planning lawyer at Fishman, Larsen & Callister can guide you through these critical decisions. Whether you’re looking to draft a personalized will, establish trusts, or make thoughtful long-term care arrangements, our law firm can offer customized and knowledgeable services.
Why Is Estate Planning So Important?
Planning for the future is one of the most thoughtful and responsible actions you can take for yourself and your loved ones. Without an estate plan, your property, investments, and business interests will not automatically transfer to them. Instead, the state will determine how your assets are distributed, which may go against your wishes and cause your family a lot of stress.
Without a strong estate plan, your estate will go through a court-supervised proceeding called probate. This can be required whether you have a will or not, and is meant to identify and value your assets, pay outstanding debts and taxes, and distribute the remaining property to heirs based on California law. This can often be a time-consuming and costly process, which is why you should seek estate planning strategies to streamline or avoid the process altogether.
Key Elements for a Thorough Estate Plan
Only 33% of Americans have estate planning documents, so understanding the key elements for a thorough estate plan can empower you to make informed decisions and is an important first step to creating a plan that truly reflects your unique circumstances and goals.
Wills
A will, also known as a “last will and testament,” is a legally binding document that outlines how you wish your assets to be distributed to your beneficiaries after your death. Assets typically include real estate, personal property, and financial accounts. As the cornerstone of many estate plans, a will often includes:
Designating beneficiaries
Naming an executor who will manage your estate, pay debts and taxes, and ultimately distribute your assets according to your wishes
Nominating guardians for your minor children
Trust
A trust is a more versatile legal arrangement where you, as the grantor, transfer assets to a trustee, who manages them for the benefit of the designated beneficiaries. Unlike wills, many types of trusts can take effect during your lifetime and continue on after your passing.
Common types of trusts include revocable living trusts and irrevocable trusts. Revocable living trusts allow you to retain control over your assets during your lifetime and make changes as needed. Irrevocable trusts can’t be easily changed or terminated once established, and are often used for tax planning and asset protection.
Advanced Healthcare Directives
Advanced healthcare directives can detail your healthcare preferences if you face a serious illness or can no longer make decisions for yourself. It will allow you to specify how you want your family to manage palliative care, hospice care, and life support on your behalf.
Powers of Attorney
While wills and trusts focus on the distribution of your assets after your passing, powers of attorney enable individuals you trust, called agents, to make decisions on your behalf during your lifetime if you become unable to do so yourself. Types of powers of attorney include:
General power of attorney. This grants your agent broad authority to act on your behalf in a wide range of financial and legal matters. This type typically becomes ineffective if you become incapacitated.
Durable power of attorney. A durable power of attorney remains effective even if you become incapacitated due to illness or injury. It is meant to ensure your agent can manage your financial affairs if you are not able to do so any longer.
Special or limited power of attorney. This grants your agent the authority to act only in specific situations or for particular transactions. For example, you might grant a limited power of attorney to someone to sell a specific piece of real estate on your behalf.
Business Succession Planning
Almost 50% of the land in Tulare County is farmland, which means many citizens may be business owners or own significant land. Business succession planning can outline how your business will transition upon your retirement, disability, or death.
Succession plans ensure that your employees’ livelihoods are protected, your stakeholders are protected, your legacy is preserved, taxes and costs are minimized, and your family’s financial security is ensured.
Medi-Cal/Medicaid Planning
Long-term care expenses in California can be substantial, and Medi-Cal can be an important resource to cover these costs for many individuals. Medi-Cal eligibility has specific financial requirements, and proactive planning is essential to ensure you receive necessary care while protecting your assets. Common strategies include converting countable assets to exempt assets, creating irrevocable trusts, promissory notes, and annuities, gifting, spousal transfers, and life estate deeds.
Sometimes Probate Will be Unavoidable
Even the most meticulously designed estate plan can’t always protect your loved ones from probate. There may be disputes from other parties that could mean probate litigation. At Fishman, Larsen & Callister, we understand that situations can be challenging. We can guide you and your family through them by working diligently to identify the root of the conflict, handling necessary documentation and evidence, and reaching a resolution.
Why Do I Need an Estate Planning Attorney?
When you have a Tulare estate planning attorney on your side, your wishes for asset distribution and care for loved ones are legally sound. We can help you navigate complex state and federal laws and establish documents that fit your unique circumstances. It does not matter how small or large your estate is. Our knowledge and guidance can provide peace of mind that your beneficiaries are protected and your wishes are honored.
Reach Out to a Knowledgeable Employment Lawyer
Estate planning does not need to feel overwhelming. By reaching out to a knowledgeable and empathetic team of estate planning attorneys, you and your loved ones can relax knowing your family will be protected. Schedule a consultation with Fishman, Larsen & Callister today. We can explore your needs and help you build a solid plan that outlines your wishes.