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The documents we most frequently recommend for a complete estate plan are
listed below (click a link for detailed explanations). What should be included in your Estate Plan will depend upon your particular
circumstances.
Among the factors are:
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The nature and value of your estate assets |
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Are you married? |
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Do you have minor children? |
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Do you need to provide for your health care in an emergency? |
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Is there someone to take care of your financial affairs in
the case of an emergency? |
Everyone should have a will. If you do not write your own, the state has already
written one for you (they call it intestacy). In a Will, which can be entirely in your own
handwriting or prepared for you by an attorney, you can provide for the disposition of
your estate, nomination of a guardian and executor, payment of debts and taxes, exclude
someone from your estate and a host of other issues can be covered. A Will can be
changed at any time.
A Living Trust is a special kind of arrangement by which all or part of your property
is transferred to a person called a trustee. Usually that person is yourself, but it could
be another person or institution. The trustee controls all property transferred to
the trust. The terms of the trust determine your respective rights and duties with respect
to it. It is primarily a means of avoiding probate and can be a valid part of a financial
and legal plan. A Living Trust can be for either an individual or for a couple in the form
of a joint trust.
California's new Health Care Directive is very important for anyone who wants to
specify the terms of their health care in the event they cannot give the instructions
themselves. You can specify limits on health treatment and determine who can make
decisions on your behalf when you are incapacitated. With this you can instruct your physician not to use life support
under certain conditions.
The Durable Power of Attorney would allow someone to act on your behalf regarding your
affairs if you are incapacitated. This can be very important for people who travel
extensively or if you have not transferred assets to a trust.
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