Do I need a lawyer for a simple will?
Even a "simple" estate benefits from a properly executed will — mistakes in execution (like witness requirements) can invalidate a document you thought was settled. It's worth getting right the first time.
Do I need a will if I already have a trust?
Usually yes — a "pour-over" will typically works alongside a trust to catch anything not already transferred into it. They serve different, complementary purposes.
What happens if I die without a will in California?
Your estate passes according to California's intestate succession laws, which may not reflect what you would have wanted. Having a plan in place keeps that decision in your hands.
Does a trust avoid probate?
A properly funded trust can reduce the likelihood that trust property will require formal probate. Property never transferred into the trust may still need to go through probate, which is why funding matters as much as the documents themselves.
Who should I name as guardian for my children?
Someone you trust to raise your children the way you'd want — that person doesn't have to be the same person who manages their inheritance. Separating those roles can create useful checks and balances.
What happens if I become incapacitated without a plan?
Without a power of attorney and health care directive, your family may need to petition a court for a conservatorship to make decisions on your behalf — a more public, expensive, and time-consuming process than naming someone in advance.
Can I change my beneficiaries later?
Yes — a revocable living trust and will can generally be updated as your circumstances change. The key is remembering to also update beneficiary designations on retirement accounts and life insurance, which don't automatically follow your trust or will.
What does it mean to "transfer" property into a trust?
It means retitling the asset — recording a new deed for real estate, or changing the account registration for financial accounts — so the trust legally owns it. Simply mentioning an asset in the trust document isn't the same as transferring it.
When should I update my estate plan?
Any major life change is a good trigger — marriage, divorce, a new child, buying property, or moving to a new state. A periodic review every few years is a good habit even without a major change.
