San Fernando Valley Probate & Estate Administration Law Blog

California readers understand the importance of having a strong estate plan in place. Making the effort to have a will and other documents can ensure you have a say over what will happen to your estate and your medical care in the future, but there are certain common mistakes that could actually derail your carefully laid plans.

Missteps and errors in the estate planning process can be costly. They can lead to complications for you and your loved ones, and they can ultimately lead to legal battles and financial loss. Through careful planning and thoughtful effort, you can avoid common estate planning mistakes and look to the future with confidence.

When you have a close family, the last thing you would expect after you are gone is for your loved ones to fight over your estate. Unfortunately, this is a common scenario for many California families, as we at the Law Offices of Alice A. Salvo are aware. Naturally, you want to help your family avoid conflict and stay close, and one of the most effective ways to achieve this is by carefully planning your will or trusts to avoid any confusion or hard feelings.

Choosing the executor of your will is one of the first things to consider even before you consult your estate planning attorney. According to AARP, the person you choose as your executor should be someone trustworthy, intelligent and conscientious. Your first instinct might be to choose your eldest child. After consideration, however, you might realize one of your younger children or an impartial third party might be best suited for the task. The following ideas might also help you prevent a probate dispute after your death:

• Consider gifting some of your assets to your relatives while you are alive.
• Hold a family meeting, during which you allow your loved ones to choose heirlooms to remember you by, and make a list of everyone’s choices to include in your will.
• Be fair and equal in your estate distribution so nobody feels left out or slighted. If you must exclude a family member or leave an unequal inheritance, explain your reasons clearly in your will.
• Update your estate planning when there are significant changes to your assets or family situation.

You may have heard your California friends and neighbors talking about their durable powers of attorney and wondered what these things are, how they work, and whether or not you should have one. As Caring.com explains, a durable power of attorney is your signed legal document authorizing someone else to make decisions for you in the event you cannot make them for yourself.

Your durable power of attorney takes effect the moment you sign it and remains in effect until you revoke it or until you die, whichever occurs first. The one exception is if you designate your spouse as your representative a/k/a your attorney-in-fact and then the two of you divorce. In this situation your power of attorney automatically revokes when your divorce is finalized.

Many people put off estate planning because they don't want to think about their own deaths. Others put it off because they think it's only necessary for rich or old people. Then others put it off because they are overwhelmed by the choices they need to make and the variety of options.

In reality, a large number of people more than likely fail to create an estate plan due to a combination of all three. If this is you, then you may want to consider the fact that without an estate plan, the state of California decides who inherits your property. The fact is that everyone will pass away at some point. Estate planning has something for everyone, and an attorney can help you determine what combination of documents will work best for you.