An estate plan ensures that your assets are distributed according to your wishes, rather than being left to California’s default probate laws. It allows you to protect your loved ones, minimize legal complications, and avoid unnecessary estate taxes. A well-crafted estate plan also helps you appoint guardians for minor children, plan for incapacity, and ensure your beneficiaries receive their inheritance efficiently. Without a plan, your estate may go through probate, which is time-consuming, costly, and public.

If you pass away without a will or trust, your estate will be subject to California’s intestacy laws, meaning the state determines who inherits your assets. This process, known as probate, can take months or even years, and your estate may be reduced by court costs, legal fees, and taxes. Additionally, without an estate plan, you lose control over important decisions such as who manages your estate, who cares for your minor children, and how your assets are distributed.

One of the most effective ways to avoid probate is by establishing a living trust. A trust allows your assets to pass directly to your beneficiaries without court involvement, saving your family time, money, and stress. Other strategies, such as naming beneficiaries on financial accounts, jointly owning property, or utilizing payable-on-death (POD) and transfer-on-death (TOD) designations, can also help reduce probate exposure. However, a trust provides the most comprehensive protection and flexibility.

A will is a legal document that states how you want your assets distributed after your death, but it must go through probate, a court-supervised process that can be costly and time-consuming. A trust, on the other hand, allows your assets to be transferred directly to your beneficiaries without probate, ensuring a smoother and quicker transition. A trust also provides greater control, allowing you to set conditions for distributions, protect assets from creditors, and even provide for special needs beneficiaries without affecting their government benefits.

Your estate plan should be updated whenever there are major life changes, such as:

Marriage or divorce

The birth or adoption of a child or grandchild

The passing of a beneficiary or trustee

A significant change in assets, such as purchasing a home or starting a business

Changes in tax or estate laws

Even if no major life events occur, it’s a good practice to review your estate plan every 3-5 years to ensure it remains current with your financial situation and legal requirements.

A Special Needs Trust (SNT) is the best way to provide financial security for a loved one with disabilities without disqualifying them from essential government benefits like Medicaid and Supplemental Security Income (SSI). Funds in a properly structured SNT can be used for medical care, housing, education, and other expenses while ensuring the beneficiary continues to receive state and federal assistance. Without this type of trust, an inheritance left directly to a special needs individual could disrupt their eligibility for crucial aid programs.

The timeline varies depending on the complexity of your estate and planning needs, but most estate plans can be completed in a few weeks once all necessary information is gathered. The process involves:

Initial consultation – We discuss your goals, assets, and family situation.

Drafting your estate plan – This includes wills, trusts, powers of attorney, and other necessary documents.

Review & revisions – You’ll have the opportunity to review and make any needed changes.

Final signing & execution – Once everything is finalized, we will properly execute and notarize your estate planning documents.

We work efficiently to ensure your estate plan is legally sound, tailored to your needs, and provides long-term protection for your loved ones.

While there are online services offering DIY estate planning, estate law is complex, and small mistakes can have serious consequences. Errors in documents can lead to court challenges, unnecessary taxes, and unintended asset distribution. Additionally, California’s estate laws are constantly evolving, and a generic online form may not comply with current regulations.

As a Certified Specialist in Estate Planning, Trust & Probate Law, Robert P. Bergman ensures that your estate plan is legally valid, tailored to your specific needs, and structured to best protect your family and assets. Estate planning is too important to leave to chance—having a professional ensures your legacy is secure.

The first step is scheduling a free consultation with Robert P. Bergman. During this meeting, we will:

Discuss your financial situation, family dynamics, and estate planning goals

Answer any questions you have about wills, trusts, and asset protection

Outline the best estate planning strategies for your specific needs

Getting started now gives you peace of mind knowing your affairs are in order and your loved ones are protected. Contact us today to begin the process.