San Marcos Estate Planning Attorney

San Marcos Estate Planning Lawyer

Many people do not expect to need plans for their estates immediately, but tragedy can occur unexpectedly. When it does, it is vital to have the support and guidance of an estate planning attorney to ensure your loved ones and your belongings are taken care of. If you are ready to discuss a plan for your critical assets, estate planning attorney Paul V.L. Campo at the Estate Preservation Group can help you take the first steps toward ensuring your treasured belongings are preserved.

Estate Planning Now for a Promising and Secure Future

Estate planning is a long and complicated process with many moving parts. An experienced San Marcos estate planning attorney should be able to assist with the following trust and estate issues:

• Drafting wills and trusts.
• Asset appraisal and probate counsel.
• Establishing conservatorship or guardianship over children or incapacitated adult loved ones.
• Litigations over potential will and trust disputes.
• Establishing powers of attorney for medical directives.

This process can be confusing and highly emotional. We offer comprehensive assistance for all your end-of-life concerns.

Individualized Estate Planning for All Family Units

We understand that families take many different shapes, and not all families are treated equally under California marriage law. To ensure that same-sex couples are not disadvantaged due to confusing estate planning laws, we provide compassionate legal counsel to lesbian, gay, bisexual, and transgender (LGBT) families over estate planning issues. For married and unmarried LGBT couples, adequate estate planning is crucial to keeping your assets with the ones you love.

Creating a Will and Testament

Wills are an integral piece of estate distribution. A will is a legal document that names beneficiaries of a deceased person’s assets and can designate a guardian for any children they have. Without a will, these things are usually determined by the state. It is important to create a will earlier in life than later, or else you risk the possibility of inadequate asset distribution when tragedy strikes.

Having the experience of an attorney behind you while you draft your will can steer you away from common mistakes that might make a court question its validity. To understand the nuances of drafting and executing a will, consider an attorney. The possibilities of the terms of a will can be better understood through knowledgeable and trustworthy legal counsel.

Making Changes to a Will or Trust

Throughout the course of your life, changes are inevitable. If something in your will has changed or you are no longer satisfied with the terms you have stated, an attorney can help you fix it through either:

• A codicil. A codicil is an addition to a will when the proposed changes are small.
• Revoking the will. For larger, substantial changes to a will, it is better to revoke the will and draft a new one. Revocation of a will (or wills) must be stated in a new will to ensure clarity.

Rest assured, your will is workable and capable of growth as you continue through life.

Establishing Guardianship Over Children of a Deceased Parent

Children are a key component of estate planning for parents. In the event of a parent’s untimely death, minor children are first placed under the care of the living parent. However, there are circumstances where a living parent is incapable of caring for the child. In this case, the deceased parent can assign guardianship of their child during the process of estate planning.

If you do not appoint a guardian to your children, they can be appointed a guardian by the state. By declaring guardianship in your will, you can ensure that your children receive a standard of care that aligns with your values, placing their lives and futures into the hands of someone you trust.

Creating a Durable Power of Attorney

In addition to end-of-life preparation, we handle the creation of powers of attorney. A power of attorney allows a person to make financial decisions on behalf of a person who is incapacitated. Powers of attorney can be broad or limited to specific situations or needs. They can be assigned to oversee medical care for an incapacitated person or estate management that the incapacitated person is unable to handle themselves.

You may assume that spouses are granted this power through the terms of marriage. However, spouses who have not assumed power of attorney through legal declaration may have difficulty convincing third parties of their involvement.

Revocable Trusts

A trust agreement, otherwise known as a revocable trust, is a legal document that declares how a person’s assets are managed while they are still alive. It also declares how the remaining assets should be distributed following their death. This document is also workable and can be modified throughout the person’s lifetime.

To fund a trust, a person’s assets, including investments, real estate, and other financial accounts, are transferred into it. After their death, the person they have appointed as trustee is tasked with distributing those assets. Establishing a trust can help your loved ones avoid probate later on and make the process of distributing your assets as smooth as possible.

What Is Probate?

Assets that have not been placed into a trust are subject to a process known as probate. After a person’s death, all assets that remain under their sole ownership are to be taxed and distributed to beneficiaries by a court rather than a trustee. This is probate, and it can be avoided by fully funding a trust.

Providing Support to Families as You Plan Ahead

Making decisions for the future can be daunting and overwhelming. We want to support you through this process and provide you with a level of legal counsel that lessens the burden you may be feeling. Whatever your goals are for the future of your loved ones and your belongings, we are here to walk you through difficult decisions with understanding and respect.

Competitive Fees for Comprehensive Legal Counsel

Fees for estate planning are entirely dependent on the type of services you need and the complexity of the job. At the Estate Preservation Group, we aim to provide you with personalized legal counsel and valuable guidance. Our varying costs reflect a good-faith estimate of the work necessary to provide you with quality estate planning services.

To discuss your individual needs for a San Marcos estate planning attorney, contact our office with a brief explanation of the services requested.