Ontario Estate Planning Attorney
When a family member passes away or becomes incapacitated, it can often be a time of big adjustments and difficult changes. This can lead to a lot of stress and confusion. You can’t be prepared for every possibility, but there are ways to make sure your family’s future is protected. A trusted Ontario, CA, estate planning lawyer at Gaudy Law can help you establish an estate plan or modify an existing one so you can have peace and reassurance.
Since 2003, the skilled and compassionate team of legal professionals at Gaudy Law has been offering quality legal representation to California residents. Our estate planning attorneys are committed to helping you make sure your plan is right for your family and values.
Ontario Estate Planning
More than half of American adults do not know the location of their parents’ important documents, and almost 60% have dealt with conflict or disputes involving other family members about a loved one’s estate. Even when the decedent has a will, there may be gaps in communication. According to a recent study, approximately 56% of the named executors were not informed of their role in the will until their loved one’s death.
Working with an experienced estate planning attorney can be crucial for the success of your plan. They can make sure the most important aspects of your life are properly managed when you cannot manage them yourself. Our lawyers devote the time to each client to really understand their needs. We can handle the process and collaborate with other professionals as needed on medical, financial, insurance, or other key elements of your estate.
Probate in California
An estate plan can benefit anyone who owns assets or has loved ones who depend on them. Without one, you risk your family members having to navigate the legal process of administering your estate (which is called probate and supervised by the court) without having clarity on your wishes. This includes all your assets, like property and financial accounts. Probate also makes sure your debts are resolved.
In most cases, probate is handled in the county where the decedent resided at the time of their death. The process is usually overseen by a judge in that county’s Superior Court’s probate department. San Bernardino County probate cases are only handled in Superior Court at either the Fontana or Victorville Districts. For most Ontario residents, the Fontana Courthouse on Arrow Blvd. is closer.
When there is no will, the court generally appoints a spouse or other close family member to be the administrator of the estate. Their role is to make sure all debts and taxes are paid, distribute assets to heirs, and perform whatever other tasks are necessary to settle their loved one’s estate. If the court can’t find a close family member suitable for the role, a judge may name a public administrator instead. Either situation often leads to family disagreement or confusion.
In cases where the deceased had dependents, the probate judge is responsible for determining who is given guardianship and custody. An estate plan can specify the person’s wishes for how this should be handled. However, when there is no plan on record, the judge may not always discern those wishes. Instead, they will make their determination based on the interests of the dependent as documented.
How to Begin Estate Planning
The first step of estate planning is evaluating your overall goals, needs, and objectives. These often include:
- Asset distribution and protection
- Minimizing the tax burden
- Arranging custody and guardianship of any dependents
- Establishing medical directives
A knowledgeable estate planning lawyer can make sure your plan meets the legal requirements, minimize complications, and, when needed, update your documents. Their duties may include:
- Creating essential documents, like your last will and testament, advance healthcare directive, and durable power of attorney
- Helping you identify key people in your estate, such as executors, trustees, beneficiaries, and guardians
- Developing a plan for asset protection, such as trusts
FAQs
Q: What Is the Average Cost of Estate Planning in California?
A: The average cost of estate planning in California cannot be used to estimate the cost of your plan. The price of an estate plan can vary drastically from one case to the next, as it depends on the individual circumstances. Factors that can influence the cost include the following:
- Size and complexity of the estate
- Specific needs of the estate and its beneficiaries
- Degree of collaboration that is needed with other professionals, such as financial advisors
Q: If You Already Have a Will, Do You Need an Estate Plan?
A: Yes, if you already have a will, it is also recommended that you create the other relevant documents in an estate plan. A will is only one part, which addresses how to distribute assets. Most people also need an advance medical directive and powers of attorney, and many families also benefit from setting up living trusts or other forms of asset protection.
Q: What Is the Difference Between an Estate Lawyer and an Estate Planner?
A: The difference between an estate lawyer and an estate planner lies in their training. An estate lawyer focuses on drafting or modifying legal estate planning documents, like wills, trusts, and advance medical directives. In contrast, an estate planner could be one of many kinds of professionals, such as a financial or tax advisor. However, only an estate lawyer is qualified to give legal advice regarding estate planning and probate.
Q: What Are the Steps in the Estate Planning Process?
A: The steps in the estate planning process are as follows:
- Define your needs and goals.
- Consult a trusted estate planning attorney.
- Create your will.
- Establish any trusts.
- Create advance medical directives.
- Address taxes.
- Name beneficiaries, trustees, and powers of attorney.
Afterward, you need to review and update your estate plan regularly with your estate lawyer.
Take Control of Protecting Your Family’s Future
At Gaudy Law, we know that it can be all too easy to put off estate planning. However, having a solid plan to address your family’s needs can be crucial when something unexpected happens. Contact our office today to schedule a consultation with an experienced Ontario estate planning lawyer.
