While many believe that estate planning is only for the wealthy or for those who have children, every adult needs an estate plan. Creating a will or trust is about more than deciding who gets what when you die – it’s a matter of securing your financial future.
At BoyesLegal, APC, we provide comprehensive estate planning services to clients in San Jose and throughout California. When you consult with us, we will learn about your circumstances, understand your objectives, and tailor a plan to suit your unique needs. Whether you need assistance planning a small estate or designing a more comprehensive wealth preservation strategy, our capable estate planning attorney can help. Contact our office today for a consultation.
Why You Need An Estate Planning Attorney
Figuring out which estate planning documents you need and how to protect your assets requires the skills of an experienced trust and estate attorney. Most people are familiar with a will (Last Will and Testament). This is the most basic estate planning document that establishes how your assets will be managed and distributed after you pass away.
However, a well-thought-out plan also considers strategies for incapacity planning, asset protection, and wealth preservation. Business owners also need to incorporate business succession planning into their estate plans. Our legal team is here to guide San Jose clients through the process and explore all the planning tools available to you, such as:
Durable Power of Attorney
If you suddenly become incapacitated due to an illness or injury, who will manage your affairs? By creating a power of attorney, you can appoint a trusted person (e.g. spouse, adult child, business associate) to act as your agent to manage bank accounts, pay bills, and handle other business and personal affairs.
Advance Healthcare Directive
An advance directive or healthcare proxy allows you to designate a healthcare representative to coordinate your medical care according to your preferences if you are unable to communicate these decisions.
Estate Planning: Revocable Living Trust
As the name implies, a living trust is one that takes ownership of your property but allows you to continue managing it during your lifetime. The main benefit of this estate planning tool is that it avoids probate because you no longer own the assets, which saves time and money, and also keeps the distribution plan private.
In addition, a revocable living trust can help with incapacity planning since the successor trustee is designated to manage the trust assets in the event you are suddenly hospitalized and cannot speak for yourself. Finally, a revocable living trust can minimize estate taxes, which is an objective for many high-net-worth individuals. Although probate is not required, a trust must go through an administration phase to carry out the terms of the trust and distribute the assets to the beneficiaries.
Estate Planning: Irrevocable Trust
Unlike a revocable trust, an irrevocable trust cannot be amended, modified, or revoked during your lifetime. There are different types of irrevocable trusts that are designed for various purposes, such as providing for a disabled loved one (special needs trust), planning for long-term care (Medicaid trust), or leaving a charitable legacy (charitable trust).
Confronting our own mortality is never easy, but a Living Will declares the type of end-of-life care you wish to receive or have withheld (e.g. a feeding tube, ventilator) if you are terminally ill or incapacitated and cannot communicate your preferences.
A guardianship is designed to protect a loved one who is incapable of caring for him or herself due to a serious injury, an incapacitating physical illness, or another medical condition, by establishing a plan for their medical care and financial management.
Why Choose Us?
At BoyesLegal, we have comprehensive knowledge of the applicable trust and estate laws in California and extensive experience preparing essential estate planning documents.
We know that no two estates are alike, and there is no “one-size-fits-all” plan. Moreover, estate planning is not a once-and-done arrangement and your plan needs to be revisited periodically to ensure that it is up-to-date.
Our services are not limited to drawing up legal documents; we provide ongoing counsel to ensure your estate plan is aligned with life transitions – starting a family, acquiring property, owning a business, retiring. Our trust and estate attorneys are here to guide San Jose clients every step of the way.
Contact Our Experienced San Jose Estate Planning Attorneys
Planning your estate is the responsible thing to do not only for your family but for your future as well. Our capable trust and estate lawyers in San Jose will provide you with a comfortable environment in which you can make informed decisions about your future. Contact us today to get started.
BoyesLegal provides estate planning services to clients in San Jose and throughout the state of California.