Sacramento Estate Planning Blog

Determining how to leave one's assets after death can be difficult. There may be a number of emotions that come into play pertaining to one's own mortality and relationships with loved ones. As a result, some may find it difficult to find the best path forward. Fortunately, the estate planning process can be molded to fit everyone's needs. This week, let's take a look at the types of wills that may come into play during the estate planning process.

The first type of will is an attested will. These wills are preferred because they are typed out and other individuals witness their signing. These witnesses should not have any interest in the will, meaning that they are not inheriting anything through the will. This prevents any claims of coercion or undue influence arising later down the road. Attested wills are also self-authenticating, so long as they are signed under penalties of perjury, which means that no testimony is needed to prove their legal validity. This can speed up the probate process.

With the ringing in of a New Year, people often reflect on the events that have personally affected them over the last year. Some of these events may be joyous, such as the birth of a grandchild or marriage, but others may be heartbreaking, such as the passing of a loved one. While these events and their remembrance can give rise to a whole host of emotions, they should also spur consideration of what the future may look like. While this often takes the form of goal planning, such as changing jobs, losing weight or being more communicative with loved ones, individuals should also think about their estate and how it will be handled when their time comes.

The first step in this process is merely confronting the reality that a time will come when one's estate must be dispensed with and recognizing that the process can have a profound impact on loved ones. Once this step is accomplished, then holistic estate planning can begin in a customized process that seeks to meet the individual's vision for the future. This may sound like a daunting process, especially considering that an estate plan should be revisited often after major life events like the ones mentioned above, but compassionate, experienced and skilled estate planning attorneys like those at our firm can help simplify the process.

Thinking about the future can be inspiring but it can also be a difficult task. Just as its name implies, successful estate planning requires foresight and diligence. While this is true for the initial creation of an estate plan, it holds true as time passes and life changes occur. This is why Californians need to be thoughtful about how and when to modify their estate plans. This is really the only way to achieve desired outcomes. This week, this blog will look at some common estate planning mistakes. Those who find themselves susceptible to any number of them should consider reaching out to an estate planning attorney to figure out how best to remedy the situation.

There are a number of estate planning mistakes that can be made. The first, of course, is failing to create a holistic estate plan or any type of estate plan at all. Individuals need to make sure they are addressing not only their assets in their estate plan but also their long-term care and matters pertaining to important health care and financial decisions. Another common mistake is failing to change an estate plan after important life events like the birth of a child or grandchild, divorce and death of named beneficiaries and heirs.

A lot of estate planning is focused on the distribution of wealth upon an individual's passing. While this is certainly an important aspect of the estate planning process, it is only a portion of what should be a comprehensive estate planning approach.

Another critical piece of estate planning involves one's health care, primarily in the event that he or she suddenly becomes incapacitated. In these instances, an individual will be unable to make decisions, which is why he or she may want to name someone to make those decisions on his or her behalf, or lay out special instructions about the type of medical care he or she wants to receive.