San Clemente, CA March 2018

Page 10

LEGAL COMPASS

The Importance of Estate Planning IF YOU HAVEN’T CONSIDERED ESTATE PLANNING YET, WORK ON IT NOW. ARTICLE JULIE B. MAINS, ESQ.

NO ONE CAN PREDICT THE FUTURE. But one thing is certain: if you

+ Relying On A Trust

leave unanswered questions about how to settle your affairs after you’re

A Trust establishes a legal arrangement defining how your assets

gone, life for your beneficiaries will be more difficult than it has to be.

are held for a beneficiary. Your estate assets are managed by a

Ensure the assets you’ve worked so hard to acquire go to the loved ones

trustee according to your wishes. Specific directions can be pro-

you designate. This is only possible through effective estate planning.

vided about how your assets should be managed by the trustee, and

Estate planning is a strategic step for putting your assets and

when and how they should be distributed. You can tailor terms of a

finances in order before your death. This may sound morbid, but life

trust to satisfy specific goals and meet the needs of your loved ones.

is unpredictable. We must plan ahead to save our dependents from

Since circumstances for every individual are different, it’s important

the unnecessary burden of dealing with loss and estate matters at

to discuss the matter with an estate planning attorney to determine

the same time. The process of estate planning includes establish-

if a trust is appropriate for your estate plan.

ing a will or trust, leaving your loved ones with specific instructions

Benefits of Estate Planning

about what to do with your assets when you’re gone.

+ I Already Have a Will, Isn’t that Enough?

Saves Heirs from Paying Extra in Taxes With proper estate planning, you can protect loved ones from

You might think your will is adequate, but a will must be reviewed regularly to ensure you’re not missing anything. Acquiring major assets,

potentially high tax burdens, depending on the size of your estate.

+ Eliminates Mess

getting married or dissolving a marriage, selling a business, changes in

We’ve all heard the stories about people fighting for property

beneficiaries’ circumstances, changes to personal circumstances, or

when their rich relative dies. One sibling might think that they

changes in tax laws can all necessitate changes to your will. Additionally,

deserve more than the other, or one might think they should

if you only have a will in California, but have assets in excess of fair market

decide who deserves the size of the share. This kind of squabbling

value of One Hundred and Fifty Thousand dollars ($150,000.00), that will

gets ugly fast, and the families end up in the court room. Estate

is required to be probated which is public, time consuming and costly.

planning saves your family from battling each other in court. With

+ What Happens if there’s no ‘Will’?

an estate plan, you can decide who your assets will be transferred

If you don’t have a will, and you die, you’ll be considered intestate. If this happens, the California state intestacy laws will determine the

to in case you become incapacitated or die.

+ Protecting Beneficiaries

distribution of your assets. Intestacy laws vary depending on marital

An estate plan can protect both minor and adult beneficiaries

status, or whether you have children. Your assets are split amongst

from outside influencers, bad decisions, divorcing spouses, or cred-

your heirs. If no relatives are located, your estate assets will go to the

itor problems. By designating a trustee and guardian for minors, you

state. Therefore, it is always preferable to put your wishes in writing.

can ensure they get their deserved share without any discord.

+ Can I Rely Upon Joint Tenancy?

+ The Final Word

Joint tenancy is not a substitute for estate planning and is only

Save your loved ones from unnecessary suffering when you’re

applicable for the property that’s described in the instrument creat-

gone, by establishing an estate plan. Without one, your loved ones

ing it. If a single piece of real property is your primary asset, California

may be subjected to tax burdens, fighting over your property, or

currently offers a Revocable TOD deed that can be explored to deter-

becoming enemies over material possessions. Start estate planning

mine if appropriate for your Estate.

now and ensure your heirs get what they deserve!

Julie B. Mains, Esq. is an estate planning and litigation attorney in Dana Point. She has over 20 years of experience protecting her clients’ loved ones and assets. Ms. Mains is available for a complimentary initial consultation and/or Estate Plan review. MAINSLAWOFFICE.COM (949) 545-6500 10

San Clemente Lifestyle | March 2018


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