Estate Planning Wills and Trusts State of California Department of Justice Office of the Attorney General

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Contact the Attorney General’s Public Inquiry Unit to report a complaint about a business or if you have questions or comments.
Why is a will still included in the components of an estate plan?

Contact the Attorney General’s Public Inquiry Unit to report a complaint about a business or if you have questions or comments.
Why is a will still included in the components of an estate plan?
The new guide results from thousands of hours of work provided by dedicated volunteers. If you don’t see it, disable any pop-up/ad blockers on your browser. Maybe you have personal belongings you want to be sure get to a loved one. A living trust helps loved ones bypass this long waiting period as well as the expense of probate court. You might want to make sure someone is entrusted with speaking to the school or helping with health decisions for your child if you are temporarily unavailable.
We use fixed fees and never charge for questions. Billable hours inevitably create an adversarial relationship. Our attorneys will communicate with you directly and respond to your estate protection services questions right awa


From our offices in Newport Beach, we provide unmatched expertise to help you navigate legal matters, avoid costly mistakes, and create a lasting legacy for your loved ones. This includes addressing issues related to valuation, control, and minimizing potential conflicts among family members or business partners. Our attorneys will assess your unique financial and personal circumstances, understand your goals and wishes, and develop a customized estate plan that aligns with your specific needs.
Personal Information
Most estate planning attorneys will require that you fill out their estate planning forms and gather estate planning documents before they will meet with you. Once you become an adult, you will need some level of legal documents to take care of who and what you love. When you pass away, your estate goes through the probate process, and the probate court ensures that your executor distributes your assets per your will. Whether or not you have a will, your beneficiaries or a named executor may need to go through a court process called probate to distribute your assets. In California, assets acquired during a marriage may be considered community property and may pass to the surviving spouse when one spouse die


A properly structured revocable trust enables successor trustees to estate protection services step in and manage trust assets without requiring a court-appointed conservatorship under California Probate Code § 1800 et seq. For California attorneys advising clients on estate planning, revocable trusts are a cornerstone of effective asset management and probate avoidance. It’s important to review your plan every three to five years, or after any major life event like a marriage, birth, or significant financial change, to ensure it still reflects your wishes. Documents like a power of attorney and a health care directive are crucial parts of a plan that protect you by appointing people you trust to make decisions for you if you become incapacitated. If you own any assets (like a home or savings account) or have minor children, you need an estate plan to protect them and ensure your wishes are followed, regardless of your net worth. Without one, California’s probate courts will decide who gets your assets and who cares for your children, which may not align with your wishe

Is my living trust "revocable"? Can I cancel or change it?
Many locations have notaries, including banks, libraries, law and accounting firms, and even your local print shop. However, many people choose to sign their document in the presence of a notary public to help authenticate the document. To make your trust valid in California, you simply need to sign the trust document — that’s it!
Your California Living Trust: A Special Kind of Box You Pass Along
The lawyers and staff at CunninghamLegal help people plan for some of the most difficult times in their lives; then we guide them when those times come. Is my spouse capable of handling my business if I’m incapacitated or die? It’s highly customized and it includes a lot of specific fail-safe mechanisms, designed just for you. Your loved ones can immediately take control of your estate. There are other important documents you need to create as part of a estate protection services complete Estate Plan, but the Living Trust makes everything work properly togethe


For accounts and assets with beneficiary designations, you can usually choose your beneficiary when you open your account and can change your beneficiary at any time. Some assets do not go through this process and instead will be distributed to surviving co-owners or to beneficiaries you designated in advance. If you die without a will, trust, or other provision for the distribution of your money and property, those assets will generally be distributed according to California law. If you are trying to decide how to provide for the distribution of your assets or care of your children after you die and you need legal assistance, you should estate protection services consult an attorney. The fastest that can happen in California is typically 9 months, and that length of time can create problems for your loved one
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