In San Luis Obispo, estate planning refers to the procedure of deciding what should be done with one's assets after their death.
Estate planning usually requires the advice of a legal and/or financial expert, because the issues involved can be confusing, and are regarded by most to be quite important. A flawed estate plan might create conflict between your survivors, resulting in your intentions not being given effect.
In addition to deciding what to do with your assets after your death, your estate plan should also contain things that might become relevant during life. Power of attorney is a big one. Power of attorney is an arrangement in which you provide another person the ability to make decisions for you, if you become incapacitated. Additionally, effective estate planning can help reduce the effect of taxes and court fees on your final disposition to your chosen beneficiaries.
A skilled estate planner in San Luis Obispo can make the procedure of planning your estate go much more smoothly, and maximize the chances of your wishes directly being carried out with legal force.
Common Features of San Luis Obispo Estates
Will: This is a legal document which transfers ownership of the testator's (the person making the will) property to named beneficiaries after the testator's death. The beneficiaries can be just about anyone the testator chooses, but smaller estates, usually only include family members, and maybe very close friends. If you want, you can place conditions on gifts (say, leaving a certain amount of money to your son, but only if he graduates college before he turns 25 - this is just an example). However, a will can't actually compel anyone to do anything, and some conditional gifts won't be enforced, normally because they involve an illegal act, or require a person to marry or refrain from marrying a particular person.
Living Will: A living will contains instructions about your medical care, usually for the purpose of informing your family and doctors of your preferences if you suddenly become incapacitated. A living will is quite critical if you have any strong preferences in this area. It should be written with the advice of a doctor, so you know the particular medical consequences of your decisions, and a lawyer, so it is virtually guaranteed to be legally binding.
Power of Attorney: This is an arrangement in which you give someone else, typically a trusted family member, the permission to make financial and medical decisions on your behalf, in case you become unable to make or express your own decisions.
Funeral Arrangements: If you have any strong preferences concerning the disposition of your physical remains, you should make them known to your family early, and should not include funeral instructions in your will. Wills are frequently read weeks after the testator dies, so in most cases, it will be too late by then.
Do I Need a San Luis Obispo Estates Lawyer?
A reliable lawyer in San Luis Obispo can make the process of estate planning as straightforward as it possibly can be. He or she can help ensure that your wishes are given effect, and minimize the chances of disputes between your survivors.