In Del Mar, estate planning refers to the procedure of deciding what should be done with one's assets after their death.
Estate planning frequently requires the advice of a legal and/or financial expert, because the issues involved can be complicated, and are regarded by most to be extremely important. A flawed estate plan might create conflict between your survivors, resulting in your intentions not being given effect.
In the process of estate planning, you'll likely also deal with issues that can affect you during life. These include issues like power of attorney (to ensure that your wishes are carried out even if you're unable to express them), as well as instructions to your doctors and family regarding medical care. A seasoned estate planner can also help you achieve your goals, while minimizing the effects of expenses like court fees and taxes.
The last thing a person wants to think about is the possibility that, after their death, their survivors are fighting over some part of their estate plan that's ambiguous or otherwise contentious. If you want to keep this, or at least make it far less possible, you should have the help of a Del Mar attorney every step of the way.
Common Features of Del Mar Estates
Will: A will is often the central component of an estate plan. It is a legal document which says what is to be done with a person's assets after they die. It normally involves giving money and property to the testator's close family members, friends, and sometimes charitable organizations.
Living Will: A living will contains instructions about your medical care, typically for the purpose of informing your family and doctors of your preferences if you suddenly become incapacitated. A living will is extremely essential if you have any strong preferences in this area. It should be written with the advice of a doctor, so you know the precise medical consequences of your decisions, and a lawyer, so it is virtually guaranteed to be legally binding.
Power of Attorney: What if you become incapacitated, and can't make your own decisions? It would be nice if somebody knew what you would want in a given situation, and, on top of that, had the legal authority to make that decision for you. Power of attorney lets you do clearly that, granting a person of your choice the ability to make certain decisions for you, in case you, for whatever reason, can't (you can, of course, control the scope of power that you grant).
Funeral Arrangements: What do you want done with your body after you die? Do you want to be cremated? How about buried? Or maybe you want to be cremated, and have your remains shot into space? Whatever your preference, you won't exactly be able to tell anyone when the time comes. Thus, you should make your desires on this matter known well in advance. You also shouldn't make your will the only place where these instructions are included, since it might not be read for weeks after your death, when it will likely be too late.
Do I Need a Del Mar Estates Lawyer?
A poorly drafted or executed Del Mar estate plan can have major negative consequences. For instance, it might be confusing to the people who are most directly affected by it. This confusion can commonly lead to costly litigation. For that reason, the advice of an accomplished estate planning attorney can be invaluable.