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At the Asset Protection & Elder Law Center, we can help to guide you, your family, and your business to make the right decisions to protect your hard-earned assets. You can think of us as a trusted advisor and advocate for you and your family, or as the iconic movie The Godfather put it, the “consigliere.”
We are your legal counselor and advocate, not only for your estate planning needs, but we can also guide you throughout all of your family and business needs related to estate planning, asset protection, trust administration, and Medi-Cal Planning. How many times have you had a simple or quick legal question or needed legal guidance on something and did not know who to call? Perhaps you were concerned with the cost of just having a simple call or meeting? Often people do not even know what type of attorney they need to look for and get a consult with.
At Asset Protection & Elder Law Center, we serve the legal needs of our clients, their families, and their business throughout California, including Los Angeles and Orange County, by protecting their hard-earned assets and themselves personally from the court system at the time of illness and death. You may or may not know this, but California has the most restricted Probate Court System in America. Sorry we had to be the ones to tell you this, but unfortunately it is true.
If you become severely ill or incapacitated, your own spouse or blood family cannot make legal, financial or health decisions automatically for you. They have to go through attorneys and the Court system to be allowed to make these decisions. If you die, your spouse and blood family do not automatically get your car, your bank accounts, the home you own, or your business. They have to go through attorneys and through the Court system in order to get access and ultimately have control over your hard-earned assets. This entire process takes 1-2 years, is very expensive and completely public – all of your affairs, assets, and information is open to the public. Also, the cost of Probate for an average Californian with a home can be as much as 10X the amount of the cost to prepare a Trust/Estate Plan.
Estate Planning - Revocable Living TrustWhat is It and Why Do I Need One?
A book of instructions designed and controlled by you. An estate plan is a series of legal documents that protects you, your family, assets, and business from the legal system - specifically Probate Court.
What are the Benefits of a Revocable Trust?
Time, money, privacy, and protection of your money, assets and business for you loved ones. When you have a complete Estate Plan properly drafted, signed, and funded the benefits are as follows:
- You avoid the CA Probate Court System which is expensive, public, and time consuming.
- You avoid Conservatorship - your family does not have to go to court to help you when sick
- Your minor children are protected/cared for by people you select versus the courts selecting
- Your business can continue & be controlled by a person or people you select not the courts
- Your assets can be controlled by the person(s) you trust instead of the court system or others
- You save your loved ones a lot of time, money, and legal trouble by having a plan in place
- You can allow your selected person/agent to care for you/your health as you specifically wish
- Your money will be used for your care and your needs first then others you chose to care for
- Your affairs and assets will be managed privately through your estate plan instead of in court
- You protect your hard earned assets to be protected for your selected beneficiaries
- You avoid family fighting since you direct how you want things taken care of for yourself and for your assets and business, etc.
If I am Married Can’t My Spouse (or Immediate Family) Handle My Affairs?
NO. Your spouse (or mom/dad/family) do not have the legal right to make decisions for you. This is the biggest misconception people have in the United States. Once you are age 18, no one has the automatic legal right to make legal, financial, or medical decisions for you unless you put it in writing in a legally binding document that must be notarized or witnessed - the rules of each document is different to make it legally binding.
How Do I Know What Documents I Need?
You don’t but we do and we take care of your entire estate needs from A-Z. A comprehensive Estate Plan or Living Trust Plan should include ALL of the following legal documents:
- Revocable CA Living Trust (it can be either a Single or Married Trust)
- Funding Schedule & Plan - a trust is great but only if your assets are titled under the Trust!
- Assignment of Assets (used to assign shares of a business or personal assets to the trust)
- Certification of Trust (legal certificate of the trust used at banks and for property sale/refis)
- Deed of Trust (to transfer title of your real property from you to your Trust to avoid probate)
- CA Will (with appointment of legal guardians for those with a minor child or children)
- Durable Power of Attorney (used at time of incapacity for financial/ and legal decisions)
- Healthcare Power of Attorney (used at time of incapacity for healthcare decisions)
- HIPAA (allows your family or selected agents to access your medical records when needed)
- Living Will/Physicians Directive (used to stop medical life support when necessary)
- End of Life Celebration/Funeral Instructions (let’s you control your end of life memorial)
- Additional items and services to help guide you in protecting your assets from probate
For more information or to speak with one of our attorneys, call the Asset Protection & Elder Law Center at (714) 966-2646.
