Estate Planning Attorneys Serving California’s Central Coast
Santa Maria Attorneys for Wills, Trusts, Medical Directives and Powers of Attorney
Estate planning is important for people of all ages and financial circumstances. It is the only way to make sure that your family will be provided for in accordance with your wishes after you pass. To give you peace of mind, it is important to have the guidance of an attorney who can help you create a comprehensive estate plan to meet the needs of you and your family.
We know that estate planning can be emotional and families can be complex. The attorneys at The Law Office of Christopher S. Biely provide compassionate guidance as we work with you to ensure that your estate plan addresses your unique life and family circumstances. Whether you are creating your estate plan for the first time or need to update an existing one, we offer a tailored approach to drafting wills, trusts, health care directives, and powers of attorney.
Wills
Your will (or Last Will and Testament) is a central document in your estate plan. It should be carefully drafted. It ensures that your property is distributed per your instructions. Wills should also be reviewed from time to time to ensure that it is up to date with any changes made to the California Probate Code and in your life.
Making sure that your will is going to carry out your intentions after you pass can only be accomplished by detailed drafting. Your will should be a customized document – boilerplate templates can never ensure that your wishes will be executed upon. A will that isn’t specific can cause family disputes and conflict, even in the happiest of families.
Our trusts and estates attorneys assist our clients in drafting wills that will ensure their wishes and current life circumstances are properly addressed and reflected. As part of our estate planning legal services, we also will discuss the matter of selecting an administrator as well as handle any of the complexities that can be associated with carrying out a will.
Trusts
Trusts are important estate planning tools that can be implemented during your lifetime or as part of the administration of your estate. Unlike a will which can only be carried out upon death, a trust can be effective during your lifetime, depending on your goals. They can offer flexibility in your planning and help your family avoid the lengthy probate process.
There are many different kinds of trusts that are enforceable in California. Whether you wish to provide financially for loved ones, a charity, or an institution, our attorneys can help you create a legally enforceable trust that meets your individual needs and objectives.
Healthcare Directives
Unexpected circumstances can come up at any stage in life. It’s important to be prepared. Accidents, illnesses, and incapacity can force your loved ones into making decisions about your medical care, even if they don’t know how you want it to be handled. This is why having an advance healthcare directive in place is essential.
A healthcare directive is a legal document that gives another person the legal authority to make your healthcare decisions in the unforeseen event that become unable to make them for yourself. The directive can provide details concerning whether you don’t want certain procedures performed or treatments administered. They can include “do not resuscitate” orders and address any specific type regarding the medical care you would like to receive.
Your healthcare directives cannot be addressed by a “one-size-fits-all” document. Boilerplate templates found online will not ensure that your instructions will be carried out. The assistance of an attorney is necessary for these matters – any mistakes made in drafting or executing a healthcare directive can make it invalid and unenforceable.
Powers of Attorney
Even if you have a will, it is important to understand that it will not be effective until you pass. A power of attorney (POA) is a document that can appoint a loved one or person you trust to make financial decisions, manage property or handle your affairs during your lifetime if you become ill or incapacitated. They can be limited in scope or include a broad range of decision-making authority. Regardless of your age, marital status, or family structure, you should have a power of attorney in place to make sure your interests are protected.
Since your family situation is unique, your power of attorney should not be a generic document created from an internet template. It is best to consult with a lawyer who can create a meticulously tailored power of attorney that fits your life circumstances.
There are several types of POAs recognized under the California Probate Code. Each can be applied to different scenarios and triggered by different events. They include:
- General power of attorney
- Durable powers of attorney
- Nondurable power of attorney
- Springing powers of attorney
- Healthcare powers of attorney
Once created, a power of attorney should not be forgotten in a desk drawer – laws, circumstances, and families are always changing. A power of attorney should be periodically reviewed to make sure it is up to date with the California Probate Code and your circumstances. Our trusts and estates lawyers can evaluate your power of attorney to make sure it is effective, enforceable, and specific to avoid any disputes that could later arise.
Our Skilled & Proficient Santa Maria Estate Planning Attorneys
Our Santa Maria estate planning attorneys understand the complexities of families and the emotions that can run high after a loved one passes. At The Law Office of Christopher S. Biely, we take the time to work with you to develop a tailored and detailed estate plan that addresses your specific wishes.
Our attorneys help clients with matters concerning wills, trusts, health care directives, and powers of attorney in Santa Barbara County, San Luis Obispo County, across the Central Coast, as well as out-of-state clients with California cases. We are available to meet with clients in-person or remotely. Contact us for a complimentary consultation to learn how we can help.
